Central Administrative Tribunal - Delhi
Shri Jainarayan Chhimpa vs D/O Post on 1 December, 2016
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
OA 240/2015
New Delhi, this the 1st day of December, 2016
Hon'ble Mr. Justice M.S. Sullar, Member (J)
Hon'ble Mr. P.K. Basu, Member (A)
1. Shri Jai Narayan Chhimpa
S/o Shri Mani Ram Chhimpa,
GDSDA Kalana SO, Ganganagar Div.
District : Hanumangarh
Rajasthan
Posted in Shri Ganganagar Division
2. Shri Subhash Chand
S/o Shri Sultan Singh,
GDSBPM Bhangarh, SO Bhadra
District : Hanumangarh
Rajasthan
Posted in Shri Ganganagar Division
3. Shri Subhash Chand
S/o Shri Raghuvir Prasad/ Singh Swami,
GDSMC (Stamp Vendor), SO Bhadra,
Old Bus Stand, H.O. Hanumangarh
Rajasthan
Posted in Shri Ganganagar Division ....Applicants
(Through Ms. Anju Gupta, Advocate)
Versus
1. Union of India
Department of Posts
Through the Secretary cum Director General
Govt. of India, Dak Bhawan,
New Delhi-110001
2. The Superintendent Post Office
Shri Ganganagar Division
Shri Ganganagar,
Rajasthan ... Respondents
(Through Shri J.P. Tiwari, Advocate)
2
OA 240/2015
ORDER (Oral)
Mr. P.K. Basu, Member (A) The applicants in this case are Gramin Dak Sewaks (GDS) and they have prayed for the following reliefs:
"(A) Direct the respondents particularly the respondent no.2 to pay/release all arrears/benefits with interest accrued thereon by considering the applicants as permanent employee of the respondents as being granted to the similar placed employees working with the respondents as Group D employees.
(B) Direct the respondents to pay the arrears of the same pay scales from the date of amended rules of the respondents as are being granted to the similarly placed employees working with the respondents and the said benefits to be ordered to be paid includes, ACP Benefits as per rules, DA, HRA, CCA, Medical Allowance, Pensionary Benefits, Tution Fees of children, TA/DA etc. as applicable to the D Group employees.
(C) Direct the respondents to promote the applicants forthwith by granting the new/promoted post as per time bound promotion rules.
(i) The part of the Notification dated 12.12.2010 which at the same time deny the applicants regular civil servant and clearly admit that they are the holder of civil post being contradictory in itself as has been held by Hon'ble Supreme Court in its judgment dated 09.12.2014 directing this Learned Tribunal to decide within six months which is reproduced as under:
"Gramin Dak Sewaks are holders of civil posts but they are outside the regular civil service due to which 3 OA 240/2015 their appointment will be by direct recruitment."
This part of deny regular civil services deserves to be quashed in view of the fact that his makes the holder of the civil post meaningless though working for more than three decades and full time are being paid salary as per pay scales with DA, HRA etc. and working for more than 8 hours daily.
(ii) The applicants assail the vires of Rule 3A, 6, and 12 of the Department of Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules 2011 being unconstitutional, arbitrary, unbridled and uncanalized to the extent of these rules and which illegal deny the applicants their legitimate expectation as Regular Postal Civil Servant and illegally prohibit the payment of pension and gratuity which the applicants are entitled under the special enactment and the aforesaid rules pertain to denial of pensions and payment of ex-gratia gratuity, deserves to be quashed.
(iii) directing the respondents to treat the applicants as whole time in employment and salary be paid at par with regular postal employee including conferment of consequential, monetary benefits, gratuity and pension, seniority since the initial date of appointment and quash the illegal schemes that is payment of ex-gratia, gratuity which is de-hors the Special Act i.e. Gratuity Act 1972 as amended in 2009 and further to quash introduction of New Service Discharge Benefit Schemes dated 01.09.2010 and pay the applicants the pension at par with as per the provisions of CCS Pension Rules since they are appointed since 1985 under P&T Extra Departmental (Conduct & Service) Rules 1964 as amended 2001 and further amended in 2011.
(iv) direct the respondents to take into account their past services and do not treat them as fresh appointee on absorption in regular service or transfer and further quash the order downgrading the applicants, if any.
(v) direct the respondents to restructure/ remove the anomalies/discrepancies in 5th Pay Commission and 6th Pay Commission 4 OA 240/2015 recommendations and pay the applicants at par with regular postal civil servants.
(D) Entire judicial record of the Writ Petition (Civil) No.17/2009 Titled "Vinod Kumar Saxena & Ors. versus Union of India & Ors." may also be summoned if so required under the circumstances of the case.
(E) Allow the cost of the proceedings.
(F) pass any other order or such order which this Hon'ble Court deems fit proper in the interest of justice be also passed in favour of the applicants."
2. The same issue regarding GDS has been decided by us in OA 749/2015, OA 3540/2015 and OA 613/2015 vide order dated 17.11.2016, where the following order has been passed:
"20. To summarise, we dispose of the O.As.
with the following directions to the respondents:
(a) For all Gramin Dak Sevaks, who have been absorbed as regular Group 'D' staff, the period spent as Gramin Dak Sevak will be counted in toto for the purpose of pensionary benefits.
(b) Pension will be granted under the provisions of CCS (Pension) Rules, 1972 to all Gramin Dak Sevaks, who retire as Gramin Dak Sevak without absorption as regular Group 'D' staff, but the period to be counted for the purpse of pension will be 5/8th of the period spent as Gramin Dak Sevak. Rule 6 will accordingly be amended.
(c) The Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 are held to be valid except Rule 6, as stated above.
(d) The claim of Gramin Dak Sevaks for parity with regular employees regarding pay and allowances and other benefits available to regular employees, stands rejected."5 OA 240/2015
3. The above order in OA 749/2015 with connected cases squarely applies in the case of the applicants in the present OA.
Therefore, the present OA is also disposed of in terms of directions as contained in para 20 of the order in OA 749/2015 with connected cases, quoted above. No costs.
( P.K. Basu ) ( Justice M.S. Sullar ) Member (A) Member (J) /dkm/