Dismissed

Smt. Santosh Devi Joshi W/O Late Shri Chhedi Lal Joshi v. Union of India

Rajasthan HC29 Aug 2024CW/12572/2024

Case brief

AI extract

What is this about?

High Court dismissed Writ Petition seeking recognition of Gram Dak Sewak service for pension purposes under OPS, holding NPS applicable and disallowing service computation based on Supreme Court precedent. Judgment reversed GDS count claim.

What did the court decide?

Writ petition dismissed with no recitation of relief granted as order dismissed outright.

Smt. Santosh Devi Joshi W/O Late Shri… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JP:36098-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 12572/2024

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Smt. Santosh Devi Joshi W/o Late Shri Chhedi Lal Joshi, Aged About 65 Years, R/o Ward No. 38, Near Purani Jail, Joshi Mohalla, Jhunjhunu (Raj.)

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Kundan Lal Joshi S/o Late Shri Chhedi Lal Joshi, Aged About 42 Years, R/o Ward No. 38, Near Purani Jail, Joshi Mohalla, Jhunjhunu (Raj.)

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----Petitioners

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Versus

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Union Of India, Through Its Director Of Accounts (Postal) Ministry Of Communication And It Department Of Posts, Jaipur

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Regional Post Master General, Department Of Post Of India, Regional Office, Jodhpur (Raj.)

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Account Officer, Director Of Accounts (Pension), Jaipur-14 (Raj.)

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Superintendent Of Post Offices, Department Of Post Of India, Jhunjhunu Division, Jhunjhunu (Raj.)

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----Respondents

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For Petitioner(s)	: Mr.Nagendra Sharma
	Ms.Sunita Sharma
	Ms.Sunita Mehla
For Respondent(s)	: Mr.Pawan Pareek

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HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order Reserved on : 22/08/2024 Order Pronounced on : 29/08/2024

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AVNEESH JHINGAN, J

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This petition is filed by legal representatives of Chhedi Lal Joshi (hereinafter referred as ‘deceased’) aggrieved of the order dated 12.02.2024 passed by the Central Administrative Tribunal, Jaipur (for short ‘Tribunal’).

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[2024:RJ-JP:36098-DB]

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[CW-12572/2024]

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(2 of 4)

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The relevant facts are that the deceased was appointed as Gram Dak Sewak (for brevity ‘GDS’) in Postal Department on 17.11.1975. On clearance of examination, the deceased was appointed Postman on 11.06.2004 and superannuated on 31.08.2004. The deceased filed Original Application (for short ‘OA’) for counting of service rendered as ‘GDS’ for retiral /pensionary benefits. The second claim was that the benefit of Old Pension Scheme (for short ‘OPS’) be granted. The Tribunal relying upon decision of the Supreme Court in the case of Union of India (UOI) and Ors. Vs. Gandiba Behera reported in (2021) 14 SCC 786 rejected the prayer for considering the service period of working as GDS for retiral benefits. The OPS was held to be not applicable as the appointment of deceased was after 1^st April, 2004 i.e the date of implementation of New Pension Scheme (for short ‘NPS’).

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Learned counsel for the petitioner contended that the benefit of service rendered as GDS should have been granted as there was in continuity in service till the deceased was appointed as Postman. The contention is that the deceased was appointed as GDS in the year 1975 and should be governed by OPS.

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Learned counsel for the respondents defends the impugned order.

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The Clause (VI) of Gramin Dak Sewak (Conduct & Engagement) Rules, 2011 stipulates that GDS shall not be entitled to any pension but were entitled to exgratia gratuity or any other payment decided by the Government from time to time. In other words, the post of GDS was non-pensionable.

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(3 of 4) [CW-12572/2024]

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[2024:RJ-JP:36098-DB]

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The issue as to whether the services rendered in Postal Department as GDS should be computed for the purpose of calculation of qualifying services of the pension of the employee selected on the regular post is no longer res integra. The Supreme Court in the case of Union of India (UOI) and Ors. Vs. Gandiba Behera (supra) held:

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Having regard to the provisions of the aforesaid Rules relating to qualifying service requirement, in our opinion the services rendered by the Respondents as GDS or other Extra-Departmental Agents cannot be factored in for computing their qualifying services in regular posts under the postal department on the question of grant of pension. But we also find many of the Respondents are missing pension on account of marginal shortfall in their regular service tenure. This should deserve sympathetic consideration for grant of pension. But we cannot trace our power or jurisdiction to any legal principle which could permit us to fill up the shortfall by importing into their service tenure, the period of work they rendered as GDS or its variants. At the same time, we also find that in the case of Union of India and Ors. v. The Registrar and Anr. (supra), though the incumbent therein (being Respondent No. 2) had completed nine years and two months of service, the Union of India had passed orders granting him regular pension. This Court in the order passed on 24^th November 2015 had protected his pension though the appeal of Union of India was allowed.

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For the reasons we have already discussed, we are of the opinion that the judgments under appeal cannot be sustained. There is no provision under the law on the basis of which any period of the service rendered by the Respondents in the capacity of GDS could be added to their regular tenure in the postal department for the purpose of fulfilling the

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(4 of 4) [CW-12572/2024]

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[2024:RJ-JP:36098-DB]

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period of qualifying service on the question of grant of pension.

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(emphasis)

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The deceased became entitled to pension after the appointment as Postman on 11.06.2004. The date of appointment was after coming into the effect of NPS. It was rightly held that benefit of OPS cannot be given.

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No interference is called for in the impugned order. The writ petition is dismissed.

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(ASHUTOSH KUMAR),J

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(AVNEESH JHINGAN),J

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Monika Chugh/Chandan/1

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Whether Reportable: No

Smt. Santosh Devi Joshi W/O Late Shri Chhedi Lal Joshi v. Union of India

Case brief

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Smt. Santosh Devi Joshi W/O Late Shri Chhedi Lal Joshi v. Union of India

Case brief

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