om:103-cl-2018-Sep — Extra-Departmental Agents (re-designated as Gramin Dak Sevaks - GDS for Short) are not Government servants and they acquire the status of Government servants only when they are posted regularly as Postman or other similar Governmental posts whereas the temporary status casual labourers who are conferred "Temporary Status" in accordance with the 1993 Scheme of Government of India on regularization would be governed by CCS (Pension) Rules, 1972 even if their regular appointment is after 1-1-2004.

GDS Rules

Extra-Departmental Agents (re-designated as Gramin Dak Sevaks - GDS for Short) are not Government servants and they acquire the status of Government servants only when they are posted regularly as Postman or other similar Governmental posts whereas the temporary status casual labourers who are conferred "Temporary Status" in accordance with the 1993 Scheme of Government of India on regularization would be governed by CCS (Pension) Rules, 1972 even if their regular appointment is after 1-1-2004. Hence GDS employees selected and posted as Postman cannot compare themselves with temporary status casual labourers of period before 1-1-2004 regularized even after 1-1-2004 — This chunk pertains to a dispute between five employees (who were earlier GDS) and the Department of Posts regarding the benefits of the CCS (Pension) Rules, 1972 after they were posted as Postmen in... — Facts:Five employees who are working now as Postal Assistant and the fifth one retired who was worked as Postman filed this OA combinedly are permitted to file this OA. They were earlier worked as GDS before regular appointment in the Postal Department. The five Applicants had appeared for the post of Postman held on 23-3-2004 for vacancies of 2003. They were posted as Postman by Memo, dated 28-7-2004 after the New Pension Scheme (NPS) came into force on 1-1-2004. The Applicants contends that as they had been posted in 2003 vacancies, they are entitled to the benefits of CCS (Pension) Rules, 1972. As the Postal Department failed to post them before 1-1-2004, they cannot be denied the old pension scheme as the delay in posting was due to Respondents. Further, they also contend that temporary status casual labourers who are regularized after 1-1-2004, enjoy the old pension scheme. As the Applicants are also placed in a similar situation as that of the temporary status casual labourers as stated above, they cannot be brought under New Pension Scheme which came into force from 1-1-2004. Hence the Applicants filed this OA to declare that EDA posts rendered by them should be counted for their pensionable service for the limited purpose of including them under CCS (Pension) Rules, 1972 and to direct the Respondents to stop recoveries towards contribution under New Pension Scheme and refund the amount already recovered within a time frame.
Respondents contend that the Applicants having been appointed in regular posts after the commencement of NPS, they are not entitled to benefits of CCS (Pension) Rules, 1972 as they are not regular Government servants and they become departmental employees only from the date of their regular appointment. Tribunal after hearing both sides held that "the controversy in this case had already been resolved by Apex Court by declaring status of GDS, when they are posted in regular posts as Postman or other regular posts in the case of Najithamol Y and others v. Soumya S.D. and others [ 2016 (4) KHC 280 (SC) (Civil Appeal No. 90 of 2015 ]. It was made clear in that judgment that GDS not being a regular Government employees cannot claim promotion in the recruitment process to the regular posts as they can be treated as only as direct recruitees who have participated in such recruitment process".
In view of the above, the Tribunal held that "the claim made by Applicants in this OA is not legally sustainable and they cannot claim to have been appointed in 2003 when the vacancies of Postman arose because they could be treated only as an direct recruitee for the selection which has led to their regular appointment as Postman".

GDS Rules

Extra-Departmental Agents (re-designated as Gramin Dak Sevaks - GDS for Short) are not Government servants and they acquire the status of Government servants only when they are posted regularly as Postman or other similar Governmental posts whereas the temporary status casual labourers who are conferred "Temporary Status" in accordance with the 1993 Scheme of Government of India on regularization would be governed by CCS (Pension) Rules, 1972 even if their regular appointment is after 1-1-2004. Hence GDS employees selected and posted as Postman cannot compare themselves with temporary status casual labourers of period before 1-1-2004 regularized even after 1-1-2004 — This chunk pertains to a dispute between five employees (who were earlier GDS) and the Department of Posts regarding the benefits of the CCS (Pension) Rules, 1972 after they were posted as Postmen in... — Facts:Five employees who are working now as Postal Assistant and the fifth one retired who was worked as Postman filed this OA combinedly are permitted to file this OA. They were earlier worked as GDS before regular appointment in the Postal Department. The five Applicants had appeared for the post of Postman held on 23-3-2004 for vacancies of 2003. They were posted as Postman by Memo, dated 28-7-2004 after the New Pension Scheme (NPS) came into force on 1-1-2004. The Applicants contends that as they had been posted in 2003 vacancies, they are entitled to the benefits of CCS (Pension) Rules, 1972. As the Postal Department failed to post them before 1-1-2004, they cannot be denied the old pension scheme as the delay in posting was due to Respondents. Further, they also contend that temporary status casual labourers who are regularized after 1-1-2004, enjoy the old pension scheme. As the Applicants are also placed in a similar situation as that of the temporary status casual labourers as stated above, they cannot be brought under New Pension Scheme which came into force from 1-1-2004. Hence the Applicants filed this OA to declare that EDA posts rendered by them should be counted for their pensionable service for the limited purpose of including them under CCS (Pension) Rules, 1972 and to direct the Respondents to stop recoveries towards contribution under New Pension Scheme and refund the amount already recovered within a time frame.
Respondents contend that the Applicants having been appointed in regular posts after the commencement of NPS, they are not entitled to benefits of CCS (Pension) Rules, 1972 as they are not regular Government servants and they become departmental employees only from the date of their regular appointment. Tribunal after hearing both sides held that "the controversy in this case had already been resolved by Apex Court by declaring status of GDS, when they are posted in regular posts as Postman or other regular posts in the case of Najithamol Y and others v. Soumya S.D. and others [ 2016 (4) KHC 280 (SC) (Civil Appeal No. 90 of 2015 ]. It was made clear in that judgment that GDS not being a regular Government employees cannot claim promotion in the recruitment process to the regular posts as they can be treated as only as direct recruitees who have participated in such recruitment process".
In view of the above, the Tribunal held that "the claim made by Applicants in this OA is not legally sustainable and they cannot claim to have been appointed in 2003 when the vacancies of Postman arose because they could be treated only as an direct recruitee for the selection which has led to their regular appointment as Postman".

Original Rule Text

Original Rule Text