ups_00140 — Postal Department is to formulate a scheme, as has been formulated by DoP&T in their OM, dated 12-4-1991 as also the scheme of the Railways giving certain weightage for the service rendered to their casual employees, for reckoning the service rendered as ED staff as a qualifying service for purpose of pension in respect of persons who got absorbed or promoted as regular Group 'D' posts in the department which would enable such employees to get minimum pension

UPS

Postal Department is to formulate a scheme, as has been formulated by DoP&T in their OM, dated 12-4-1991 as also the scheme of the Railways giving certain weightage for the service rendered to their casual employees, for reckoning the service rendered as ED staff as a qualifying service for purpose of pension in respect of persons who got absorbed or promoted as regular Group 'D' posts in the department which would enable such employees to get minimum pension — This chunk is about a Group 'D' employee who filed an Original Application (OA No. 125 of 2011) seeking pension, as he had insufficient Departmental Service in EDA/GDS service (28 years shortfall). T... — Facts : This OA is filed by a Group 'D'employee posted as regular runner on absorption from his earlier post of EDMP for grant of pension recouping the short fall of Departmental Service in EDA / GDS Service of 28 years. The Applicant who joined the Postal Department under Superintendent of Post Office, Kheri in EDA Cadre as EDMP and subsequently promoted to Group'D' (Runner) had superannuated in 2009. He joined as EDA in 1971 and was promoted to Group 'D' on 27-11-1999 and superannuated on 31-8-2009. He joined the strike from 6-12-2000 to 17-12-2000 and was unauthorizedly absent on 8-8-2000. Deducting these periods, the total service of the Applicant in Group 'D' was calculated as 9 years, 8 months and 19 days. As such, his Service in Group 'D' up to his date of retirement in Group 'D' was 9 years, 8 months and 19 days less than 10 years to make him eligible for grant of Pension. In the case of one Shri. Palaniniti whose service was also short of 10 years in Group 'D' the High Court of Chennai in W.P. No. 45465 of 2007 which was filed against the orders of CAT, Chennai ordered that at least minimum Pension by making up the shortfall in regular service on absorption in Group 'D' Service from the EDA Post be given. That was done as a special relief and appeal against that order in Apex Court was also dismissed. The Applicant herein, if he had continued in ED Post, he would have retired at the age of 65 years. But due to his Promotion to Group 'D', he had to retire at the age of 60, i.e., age reduction of 5 years in retirement. As a Group 'D' employee, his monthly emoluments is higher than as ED Staff. The Applicant would not have lost 5 years of service if he continued as ED Staff and in return he is not getting even the minimum Pension because Pro rata Pension can be given only if one had put in 10 years of Service. At the time of hearing, the applicant brought to notice of the Bench that in Railways, temporary status casual labour staff gets 50% of their service of their temporary casual period. Taking this into consideration, Postal Department also should reckon a portion of the service rendered as EDPM before regular absorption in Group 'D' to enable person like the Applicant to draw the minimum pension. Department of Post issued an OM, dated 17-12-1998 based on the recommendation of Talwar Committee. As per that OM, severance amount on retirement / death, an amount of ₹ 30,000 may be paid to the ED Agent at the age of 65 years or on death provided that ED agent had completed 20 years continuous service. Those ED agent with service equal to or more than 15 years of service but less than 20 years of continuous service, the severance amount is fixed as ₹ 20,000 on retirement or death. Secondly severance amount of ₹ 20,000 may be paid to an ED agent who has been absorbed on regular basis against a departmental Post after 15 years of continuous service as ED agent.

UPS

Postal Department is to formulate a scheme, as has been formulated by DoP&T in their OM, dated 12-4-1991 as also the scheme of the Railways giving certain weightage for the service rendered to their casual employees, for reckoning the service rendered as ED staff as a qualifying service for purpose of pension in respect of persons who got absorbed or promoted as regular Group 'D' posts in the department which would enable such employees to get minimum pension — This chunk is about a Group 'D' employee who filed an Original Application (OA No. 125 of 2011) seeking pension, as he had insufficient Departmental Service in EDA/GDS service (28 years shortfall). T... — Facts : This OA is filed by a Group 'D'employee posted as regular runner on absorption from his earlier post of EDMP for grant of pension recouping the short fall of Departmental Service in EDA / GDS Service of 28 years. The Applicant who joined the Postal Department under Superintendent of Post Office, Kheri in EDA Cadre as EDMP and subsequently promoted to Group'D' (Runner) had superannuated in 2009. He joined as EDA in 1971 and was promoted to Group 'D' on 27-11-1999 and superannuated on 31-8-2009. He joined the strike from 6-12-2000 to 17-12-2000 and was unauthorizedly absent on 8-8-2000. Deducting these periods, the total service of the Applicant in Group 'D' was calculated as 9 years, 8 months and 19 days. As such, his Service in Group 'D' up to his date of retirement in Group 'D' was 9 years, 8 months and 19 days less than 10 years to make him eligible for grant of Pension. In the case of one Shri. Palaniniti whose service was also short of 10 years in Group 'D' the High Court of Chennai in W.P. No. 45465 of 2007 which was filed against the orders of CAT, Chennai ordered that at least minimum Pension by making up the shortfall in regular service on absorption in Group 'D' Service from the EDA Post be given. That was done as a special relief and appeal against that order in Apex Court was also dismissed. The Applicant herein, if he had continued in ED Post, he would have retired at the age of 65 years. But due to his Promotion to Group 'D', he had to retire at the age of 60, i.e., age reduction of 5 years in retirement. As a Group 'D' employee, his monthly emoluments is higher than as ED Staff. The Applicant would not have lost 5 years of service if he continued as ED Staff and in return he is not getting even the minimum Pension because Pro rata Pension can be given only if one had put in 10 years of Service. At the time of hearing, the applicant brought to notice of the Bench that in Railways, temporary status casual labour staff gets 50% of their service of their temporary casual period. Taking this into consideration, Postal Department also should reckon a portion of the service rendered as EDPM before regular absorption in Group 'D' to enable person like the Applicant to draw the minimum pension. Department of Post issued an OM, dated 17-12-1998 based on the recommendation of Talwar Committee. As per that OM, severance amount on retirement / death, an amount of ₹ 30,000 may be paid to the ED Agent at the age of 65 years or on death provided that ED agent had completed 20 years continuous service. Those ED agent with service equal to or more than 15 years of service but less than 20 years of continuous service, the severance amount is fixed as ₹ 20,000 on retirement or death. Secondly severance amount of ₹ 20,000 may be paid to an ED agent who has been absorbed on regular basis against a departmental Post after 15 years of continuous service as ED agent.

Original Rule Text

Original Rule Text