ups_00136 — The Applicant herein, who was temporarily promoted to Group 'D' service of Postal Department from GDS service and was released to work in Army Postal Service (APS) is entitled to count his service in Group 'D' from the date he was temporarily promoted to Group 'D' service in Kerala Postal Circle, Kozhikode. As that date of his promotion to Group 'D' service in this case falls in APS prior to 1-1-2004, he is governed by CCS (Pension) Rules, 1972 which in effect means that his pension is to be pai

UPS

The Applicant herein, who was temporarily promoted to Group 'D' service of Postal Department from GDS service and was released to work in Army Postal Service (APS) is entitled to count his service in Group 'D' from the date he was temporarily promoted to Group 'D' service in Kerala Postal Circle, Kozhikode. As that date of his promotion to Group 'D' service in this case falls in APS prior to 1-1-2004, he is governed by CCS (Pension) Rules, 1972 which in effect means that his pension is to be paid counting his total service as per CCS (Pension) Rules, 1972 and he should not be shown under New Pension Scheme which came into force from 1-1-2004, for his retiral benefits — The case O.A. No. 158 of 2013 is about an Extra Departmental Mailman who was temporarily promoted to Group 'D' service in the Postal Department from GDS service and served in Army Postal Service (APS... — Facts: The Applicant was an Extra Departmental Mailman (EDMM) in sub-record office, Kannur Railway Mail Service. He was temporarily promoted to Group 'D' service on temporary basis with effect from 28-2-1991 and deputed to Army Postal Service (APS) and he was in APS up to 31-12-2006. He was discharged from APS to join as Mail Guard in Railway Mail Service 'CT' Division as seen from the discharge-cum-move order of the APS, dated 28-12-2006. He was posted as Mail Guard with effect from 1-12-2005. He was sent for training for Mail Guard post and joined as Mail Guard on 13-1-2007 forenoon. His application for payment of Severance Allowance was rejected by Superintendent, Railway Mail Service, R-4 and was inducted in New Pension Scheme which came into effect from 1-1-2004 instead of CCS (Pension) Rules, 1972. As he was put under New Pension Scheme which came into effect from 1-1-2004, he has filed this OA to count his service in APS as Group 'D' for purpose of regular service except for claiming seniority admitting him to General Provident Fund and Pension Scheme under CCS (Pension) Rules, 1972 reckoning his Group 'D' service in Army Postal Service (APS). The Respondents state that his entry into Postal Service was rightly taken as 1-12-2005 after introduction of New Pension Scheme and hence he is not eligible to be appointed under CCS (Pension) Rules, 1972. The Respondents state that he was not appointed to Group 'D' before his appointment in APS. The Applicant relied on the judgment in O.A. No. 1067 of 2012 of the Ernakulam Bench which declared in a similar case that the employee on return from APS are entitled to be treated in regular service from the time they got themselves enrolled in APS and that the same would be tagged to regular service for the Postman Cadre in which he joined after discharge from APS. Depending upon that, this mode of pension will be decided under relevant rules. The point under consideration in this issue whether the service of the Applicant from the date he was relieved to APS can be counted for considering his inclusion under CCS (Pension) Rules, 1972. To decide the issue, the letter endorsed by the Superintendent, Kannur Division, dated 13-10-2008 is reproduced. The relevant portion reads: " Service rendered in APS, Group 'D' will for all purpose be counted as a regular service except in claiming seniority in the civil side. An undertaking to this effect should be obtained. All the consequential benefits including TBOP/BCR will accrue since the date of regularization of these personnel in APS". From the above, it is to be inferred that the service in Army Postal Service was a regular service. The Applicant did not have any punitive punishment while in service in 'APS'. Hence the 'APS' service is to be treated as a regular service. The delay in this case was allowed taking note of Apex Court judgment in an earlier case wherein it is said that "re-fixation of pay or pension may be granted in spite of delay as it does not affect the rights of the third parties". In view of the above, "the service in APS has to be counted as regular service for all purpose except for claiming seniority in the civil side". In the case of Dwijen Chandra Sarkar v. Union of India [ 1999 (2) SCC 119 ], it was held that "the words 'except seniority' are intended to see that the said persons who come from another department on transfer do not upset the seniority in the transferee department". That case is meant for grant of increment after 16 and 20 years of service (TBOP/BCR) as per Postal Department Rules. In the result, the army service of the Applicant is to be treated as regular service from the time the Applicant joined APS. As it happened to be earlier to 1-1-2004, the Applicant is entitled for pension under CCS (Pension) Rules, 1972. His pension is to be fixed accordingly and amounts collected fixing him under New Pension Scheme is to be paid back to the Applicant with 6% interest.

UPS

The Applicant herein, who was temporarily promoted to Group 'D' service of Postal Department from GDS service and was released to work in Army Postal Service (APS) is entitled to count his service in Group 'D' from the date he was temporarily promoted to Group 'D' service in Kerala Postal Circle, Kozhikode. As that date of his promotion to Group 'D' service in this case falls in APS prior to 1-1-2004, he is governed by CCS (Pension) Rules, 1972 which in effect means that his pension is to be paid counting his total service as per CCS (Pension) Rules, 1972 and he should not be shown under New Pension Scheme which came into force from 1-1-2004, for his retiral benefits — The case O.A. No. 158 of 2013 is about an Extra Departmental Mailman who was temporarily promoted to Group 'D' service in the Postal Department from GDS service and served in Army Postal Service (APS... — Facts: The Applicant was an Extra Departmental Mailman (EDMM) in sub-record office, Kannur Railway Mail Service. He was temporarily promoted to Group 'D' service on temporary basis with effect from 28-2-1991 and deputed to Army Postal Service (APS) and he was in APS up to 31-12-2006. He was discharged from APS to join as Mail Guard in Railway Mail Service 'CT' Division as seen from the discharge-cum-move order of the APS, dated 28-12-2006. He was posted as Mail Guard with effect from 1-12-2005. He was sent for training for Mail Guard post and joined as Mail Guard on 13-1-2007 forenoon. His application for payment of Severance Allowance was rejected by Superintendent, Railway Mail Service, R-4 and was inducted in New Pension Scheme which came into effect from 1-1-2004 instead of CCS (Pension) Rules, 1972. As he was put under New Pension Scheme which came into effect from 1-1-2004, he has filed this OA to count his service in APS as Group 'D' for purpose of regular service except for claiming seniority admitting him to General Provident Fund and Pension Scheme under CCS (Pension) Rules, 1972 reckoning his Group 'D' service in Army Postal Service (APS). The Respondents state that his entry into Postal Service was rightly taken as 1-12-2005 after introduction of New Pension Scheme and hence he is not eligible to be appointed under CCS (Pension) Rules, 1972. The Respondents state that he was not appointed to Group 'D' before his appointment in APS. The Applicant relied on the judgment in O.A. No. 1067 of 2012 of the Ernakulam Bench which declared in a similar case that the employee on return from APS are entitled to be treated in regular service from the time they got themselves enrolled in APS and that the same would be tagged to regular service for the Postman Cadre in which he joined after discharge from APS. Depending upon that, this mode of pension will be decided under relevant rules. The point under consideration in this issue whether the service of the Applicant from the date he was relieved to APS can be counted for considering his inclusion under CCS (Pension) Rules, 1972. To decide the issue, the letter endorsed by the Superintendent, Kannur Division, dated 13-10-2008 is reproduced. The relevant portion reads: " Service rendered in APS, Group 'D' will for all purpose be counted as a regular service except in claiming seniority in the civil side. An undertaking to this effect should be obtained. All the consequential benefits including TBOP/BCR will accrue since the date of regularization of these personnel in APS". From the above, it is to be inferred that the service in Army Postal Service was a regular service. The Applicant did not have any punitive punishment while in service in 'APS'. Hence the 'APS' service is to be treated as a regular service. The delay in this case was allowed taking note of Apex Court judgment in an earlier case wherein it is said that "re-fixation of pay or pension may be granted in spite of delay as it does not affect the rights of the third parties". In view of the above, "the service in APS has to be counted as regular service for all purpose except for claiming seniority in the civil side". In the case of Dwijen Chandra Sarkar v. Union of India [ 1999 (2) SCC 119 ], it was held that "the words 'except seniority' are intended to see that the said persons who come from another department on transfer do not upset the seniority in the transferee department". That case is meant for grant of increment after 16 and 20 years of service (TBOP/BCR) as per Postal Department Rules. In the result, the army service of the Applicant is to be treated as regular service from the time the Applicant joined APS. As it happened to be earlier to 1-1-2004, the Applicant is entitled for pension under CCS (Pension) Rules, 1972. His pension is to be fixed accordingly and amounts collected fixing him under New Pension Scheme is to be paid back to the Applicant with 6% interest.

Original Rule Text

Original Rule Text