om:39-cl-2017-march — Apex Court in Civil Appeal Nos. 13675-13678 of 2015 in the case of Union of India and others v. The Registrar and another held that counting the previous service as ED Agents should not be added to the service rendered in Group 'D' on posting in Group 'D' cadre against ED quota as qualifying service for the purpose of grant of pension to those who are short of 10 years of qualifying service in Group 'D' to get pensionary benefits. However, it is suggested that the Applicant

Apex Court in Civil Appeal Nos. 13675-13678 of 2015 in the case of Union of India and others v. The Registrar and another held that counting the previous service as ED Agents should not be added to the service rendered in Group 'D' on posting in Group 'D' cadre against ED quota as qualifying service for the purpose of grant of pension to those who are short of 10 years of qualifying service in Group 'D' to get pensionary benefits. However, it is suggested that the Applicant can take recourse to Rule 88 of the CCS (Pension) Rules invoking the discretion of the pension authority based on merits of each individual case for pensionary benefits — This chunk discusses a situation where three applicants, who were previously EDDA and later posted as Group 'D' officials in the Postal Department, are not eligible for pensionary benefits due to hav... — Facts: Three OAs are disposed of by this common order as contentions are same, so also relief asked for. Applicant in O.A. No. 2051 of 2013 retired as Group 'D' from Chandrapur Division, O.A. No. 2238 of 2011 as Group 'D' from Wardha Division and 2029 of 2010 as Group 'D' from Wardha Division of Postal Department. Earlier to posting as Group 'D' official, all the three had joined as EDDA and then posted in Group 'D' regular service. The Applicants contend that due to their long service as EDDA, that service should be counted towards qualifying service for pensionary benefits. If not, they are not eligible for pensionary benefits only if the service of Group 'D' is taken into account as their Group 'D' service is less than 10 years which is required for pensionary benefits. Hence they filed this OA to count EDDA service for getting pensionary benefits. In the Civil Appeal Nos. 13675-13676 of 2015 [ Special Leave Petition (Civil) Nos. 17035-17036 of 2013 ] in the case of Union of India and others v. The Registrar and another has conclusively dealt with counting the ED service for the purpose of calculating the pensionary benefits. The relevant paragraphs in that case, namely 2,3,4,5,6,7,8 and 9 are reproduced in this judgment. In that judgment, it is made clear that provisions of law will prevail which means that EDDA service is not to be counted towards qualifying service for pension and pensionary benefits. That means that such employees brought to regular service as Group 'D' from ED cadre and less than 10 years of service in Group 'D' are not eligible or pension under 1991 DoP&T Scheme. The Applicants, even though accepted the above ruling, they referred to letter of Dy. D.G. (Estt.), Maharashtra who asked for the particulars of persons who were absorbed in regular departmental posts from GDS before 18-1-2004 who are likely to retire from Government service before completing the minimum 10 years of qualifying service or retired on superannuation. That letter is reproduced. Rule 49 of CCS (Pension) Rules, 1972, Rule 14 and Rule 88 of CCS (Pension) Rules, 1972 is also reproduced. Thus Rule 49 relates to "Amount of Pension", Rule 14 deals with conditions subject to which service qualifies and Rule 88 deals with "Power to Relax". In view of Rule 88 of the CCS (Pension) Rules, 1972, the Applicants pleaded to reconsider the case of the Applicants as contemplated in the Letter, dated 18th January, 2010 for counting the ED service for pensionary benefits. The Tribunal considered the contention and held: