Case Note & Summary
The Supreme Court considered a batch of appeals arising from decisions of various Central Administrative Tribunals and High Courts on the common question whether service rendered as Gramin Dak Sevaks (GDS) in the postal department should be counted for computing the qualifying service of 10 years under the Central Civil Services (Pension) Rules, 1972 for pension eligibility after the GDS were selected to regular posts. The lead case involved Gandiba Behera, who worked as a GDS from 1 April 1968 to 25 May 1999, then was appointed to a Group D post and superannuated on 30 June 2008. His pension claim was denied for want of 10 years' qualifying service in the regular post. The Tribunal and the Orissa High Court directed counting of his GDS service. The Supreme Court allowed the appeals, holding that GDS service is governed by separate rules (Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011) and cannot be equated with regular service. The Court noted that GDS have lower working hours and can pursue other vocations, and that counting such service would amount to creating a new service rule. The Court set aside the impugned judgments and dismissed the original applications.
Headnote
A) Service Law - Pension - Qualifying Service - Central Civil Services (Pension) Rules, 1972, Rule 49 - Gramin Dak Sevaks (GDS) service cannot be treated as 'qualifying service' for pension under the 1972 Rules as GDS are governed by separate rules and are not regular government servants - Held that the High Courts and Tribunals erred in directing counting of GDS service for meeting the minimum 10-year qualifying service period (Paras 3-10).
Issue of Consideration
Whether services rendered as Gramin Dak Sevaks (GDS) in the postal department should be counted for computing the qualifying service of 10 years under the Central Civil Services (Pension) Rules, 1972 for pension eligibility after selection to regular posts.
Final Decision
Appeals allowed; impugned judgments of High Courts and Tribunals set aside; original applications filed by the respondents dismissed.
Law Points
- Gramin Dak Sevaks (GDS) service is not 'qualifying service' under CCS (Pension) Rules
- 1972
- GDS and regular posts are distinct
- no automatic counting of past service for pension
Case Details
2019 LawText (SC) (11) 21
Civil Appeal No. 8497/2019 (arising out of SLP(C) No. 13042 of 2014) and connected matters
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Nature of Litigation
Civil appeals against judgments of High Courts and Central Administrative Tribunals directing counting of GDS service for pension eligibility under CCS (Pension) Rules, 1972.
Remedy Sought
Appellants (Union of India) sought setting aside of the impugned judgments and dismissal of the original applications filed by GDS employees.
Filing Reason
The respondents, who were GDS and later regular employees, were denied pension as their regular service fell short of 10 years; they sought counting of their GDS service to meet the qualifying period.
Previous Decisions
Central Administrative Tribunal, Cuttack Bench in O.A. No. 609/2010 (Gandiba Behera) allowed counting of GDS service; Orissa High Court affirmed in W.P. (C) No. 11665 of 2011 on 3 January 2014.
Issues
Whether GDS service can be counted as qualifying service under CCS (Pension) Rules, 1972 for pension eligibility after selection to regular posts.
Submissions/Arguments
Appellants: GDS service is governed by separate rules, cannot be equated with regular service; GDS have lower working hours and can pursue other vocations; court cannot create new service rules.
Respondents: GDS service should be counted as it is continuous service in the same department; Tribunal and High Courts have consistently held in favour of GDS.
Ratio Decidendi
Service rendered as Gramin Dak Sevak (GDS) is not 'qualifying service' under the Central Civil Services (Pension) Rules, 1972 as GDS are governed by separate rules and are not regular government servants. Counting such service for pension eligibility would amount to creating a new service rule, which is impermissible.
Judgment Excerpts
The dispute in these appeals is as to whether services rendered by the employees in the postal department in the capacity of Gramin Dak Sevaks (GDS) ought to be computed or not for the purpose of calculation of the qualifying service of their pension after they got selected in regular posts in the said department.
Service of a GDS carries lower working hours (between 35 hours). An incumbent engaged as Gramin Dak Sevak (GDS) is also entitled to pursue any other vocation simultaneously.
Procedural History
Original applications filed before Central Administrative Tribunals by GDS employees seeking counting of GDS service for pension; Tribunals allowed applications; Union of India filed writ petitions before High Courts; High Courts dismissed writ petitions; Union of India appealed to Supreme Court.
Acts & Sections
- Central Civil Services (Pension) Rules, 1972: Rule 49
- Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011:
