Central Administrative Tribunal - Madras
S Major Nalliah vs D/O Post on 28 November, 2018
-- 1 OA 1139/2017 & batch Central Administrative Tribunal Madras Beneh "OA 310/01139/2017, 200/2018, 217/2018, 218/2018, 365/2018, 404/2018, 4077/2018, 418/2018, 596/2018, 597/2018, 698/2018, 834/2018, 879/2018, 908/2018, 955/2018, 964/2.018, 1023/2018, 1024/2018, 1048/2018, 1049/2018, 1070/2018, 1134/2018, 1146/2018, 1164/2018, 1192/2018, 1257/2018, 1369/2018, 1432/2018, 1548/2018 Dated Wednesday the 28" day of November Two Thousand Vighteen PRESENT Hon'ble Mrs. Jasmine Ahmed, Member (J) & Hon'ble Mr. R.Ramanujam, Member(A) OA 1139/2017 C. Shanmuga Sundaram No. 4/4, South Mada Street Srivaikuntam Srivaikuntam -- 628 601. .. Applicant By Advocate M/s. 8. Arun 1. Union of India, rep. by Chief Postmaster General Office of the Chief Postmaster General Chennai -- 600 002. 2. The Senior Superintendent of Post Offices Tuticorin Division Tuticorin -- 628 008. ... Respondents ' By Advocate Dr. G. Krishnamurthy OA 2000/2018 :- S.Muruganandham, No. 110/3C, Nethaji Road, Anna Nagar, Melapalayam 627005. .» Applicant FTN RATE By Advocate M/s, S,Arun Vs 1.Union of India rep by, Chief Postmaster General, Office of the Chief Postmaster General, Chennai 600002. 2.The Senior Superintendent of Post Offices, Tirunelveli Division, Tirunelveli 627002. By Advocate Mr, C.Kulanthaivel OA 2317/2018 8. Ambeth No. 8/139, North Street Alankinaru Sathankulam -- 628 704, By Advocate Mis. S. Arun 1. Union of India, rep: by Chief Postmaster General Office of the Chief Postmaster General ~ Chennai -- 600 002. 2. The Senior Superintendent of Post Offices Tirunelveli Division Tirunelveli -- 627 002. By Advocate Mr. J. Vasu OA 218/2018 :- S.Major Nalliah, No. 351, Main Road, Adayakarungulam, Vikramasingapuram 627452 By Advocate M/s. S.Arun OA 1139/2017 & batch 1. Respondents ... Applicant ... Respondents ... Applicant Vs 1.Union of India rep by, Ghief Postmaster General, Office of the Chief Postmaster General, Chennai 600002, 2.The Senior Superintendent of Post Offices, Tirunelveli Division, Tirunelveli 627002, By Advocate Ms. Shakila Anand OA 365/2018 :- §.Paulraj, No.2/35, Church Street, Palankulam, Anandapuram 628701. By Advocate M/s. S.Arun Vs 1.Union of India rep by, Chief Postmaster General, Office of the Chief Postmaster General, Chennai 600002. 2. The Senior Superintendent of Post Offices, Tuticorin Division, Turicorin 628008. By Advocate Mr. K.Rajendran OA 404/2018 R. Kalaivanan No. 8/24, Malaikudi Thatiu Street Arasoor Puchikadu Kommadikottai -- 628 653. By Advocate M/s . S. Arun OA 1139/2017 & batch se Respondents ... Applicant ... Respondents .. Applicant 1. Union of India, rep. by Chief Postmaster General Office of the Chief Postmaster General Chennai -- 600 002, 9. The Senior Superintendent of Post Offices Tuticorin Division Tuticorin -- 628 008. By Advocate Mr. S. Nagarajan OA 407/2.018 :- J,Shanmuga Sundaram, No. 130, Keela Kottai Vasal Street, Srivaikuntam 628601. By Advocate M/s. $.Arun Vs 1.Union of India rep by, Chief Postmaster General, Office of the Chief Postmaster General, Chennai 600002. 2 The Senior Superintendent of Post Offices, Turicorin Division, Turicorin 628008. By Advocate Mir. M.T.Arunan OA 418/2018 V. Muthiah No. 9/23, East Street - Chettimallanpatti, Pundupatti Ellansickanpatti - 628 251. By Advocate Ws. S. Arun 1. Union of India, rep. by Chief Postmaster General Office of the Chief Postmaster General OA 1199/2017 & batch .. Respondents ... Applicant ... Respondents ... Applicant Chennai -- 600 002. 2. The Senior Superintendent of Post Offices Tuticorin Division Tuticorin -- 628 008. By Advocate Mr. S. Nagarajan OA 596/2018 :- P,Sakthivel, No. 9/71, Opp to Panchayat Union Office, Cheranmahadevi 627414. _ By Advocate M/s. S.Arun Vs 1:Union of India rep by, Chief Postmaster General, Office of the Chief Postmaster General, Chennai 600002. 2.The Senior Superintendent of Post Offices, Tirunelveli Division, Tirunelveli 627002. By Advocate Mr, C.Ajithkumar OA 597/2018 V. Murugananthi No. B164, 12#Cross Street NGO A Colony, Perumaipuram Tirunelveli -- 627 007. By Advocate M/s S. Arun 1. Union of India, rep. by Chief Postmaster General Office of the Chief Postmaster General Chennai -- 600 002. OA 1139/2017 & batch 1. Respondents Applicant . Respondents ',.. Applicant Ss SAT a 6 2. The Senior Superintendent of Post Offices Tirunelveli Division Tirunelveli -- 627 002. By Advocate Ms. Shakila Anand OA 698/2018 :- P.Subramanian, No, 2/13, East Street, Vairavikulam 627416. By Advocate M/s. S.Arun Vs: 1,Union of India rep by, Chief Postmaster General, Office of the Chief Postmaster General, Chennai 600002. 2.The Senior Superintendent of Post Offices, Tirunelveli Division, Tirunelveli 627002. By Advocate Mr. M.T.Arunan OA 834/2.018 5S. Jeyapaul No. 5/77, North Street Kurippankulam . Nazareth -- 628 617. By Advocate M/s 8. Arun 1. Union of India, rep. by Chief Postmaster General Office of the Chief Postmaster General 'Chennai -- 600 002. 2. The Senior Superintendent of Post Offices Tuticorin Division - Tuticorin -- 628 008, OA 1139/2017 & batch .. Respondents ». Applicant .. Respondents ... Applicant tee Respondents © By Advocate Mr. IX. Ramasamy OA 879/2018 A, Chinnakannu No. 5/5, Ammankoil Street Pappankulam -- 627 423. By Advocate M/s S Arun 1. Union of India, rep. by Chief Postmaster General Office of the Chief Postmaster General Chennai -- 600 002. 2. The Senior Superintendent of Post Offices Tirunelveli. Division Tirunelveli -- 627 002. OA 908/2018 :- E.Mariappan, No. 11, Vallalar Street, Tirunelveli Town 627006. By Advocate Mis. S.Arun Vs 1.Union of India rep by, Chief Postmaster General, Office of the Chief Postmaster General, Chennai 600002. 2. The Senior Superintendent of Post Offices, Tirunelveli Division, Tirunelveli 627002. OA, 955/2018 :- K.S.Basheer Ahamed, No. 13, Kattuputhu Street, Melapalayam, OA 1139/2017 & batch .. Applicant .. Respondents Applicant ... Respondents Melapalayam 627005. By Advocate M/s. §.Arun Vs 1.Union of India rep by, Chief Postmaster General, Office of the Chief Postmaster General, Chennai 600002. 2.The Senior Superintendent of Post Offices, Tirunelveli Division, Tirunelveli 627002, By Advocate Mr. K.Kannan OA 964/2018 G.S.Sundaram, No. 3/11 A, Pillaiyar Koil Street, Vellalankulam 627012. By Advocate M/s. S.Arun Vs 1.Union of India rep by, Chief Postmaster General, Office of the Chief Postmaster General, Chennai 600002. 2.The Senior Superintendent of Post Offices, Tirunelveli Division, Tirunelveli 627002. By Advocate Mr. 8. Padmanabhan OA 1023/2018 A.Velu, No. 1/34, Kommadikottai 628653. OA 1139/2017 & batch ww Applicant ... Respondents .... Applicant .... Respondents .... Applicant By Advocate M/s, S.Arun Vs 1.Union of India rep by, Chief Postmaster General, Office of the Chief Postmaster General, Chennai 600002. 2.The Senior Superintendent of Post Offices, Tuticorin Division, Turicorin 628008. By Advocate Mx S.Nagarajan OA 1024/2018 M. Thilak No, 12/14, Middle Street Pandaravilai Pannaivilai -- 628-751. By Advocate M/s 8. Arun 1. Union of India, rep. by Chief Postmaster General Office of the Chief Postmaster General -- Chennai -- 600 002. 2. The Senior Superintendent of Post Offices Tuticorin Division Tuticorin -- 628 008. By Advocate Mx, K. Ramasamy OA 1048/2018 :- §.Pankajam, No. 28A, East Mada Street, Alwarthirunagari, Alwarthirunagari 628612. By Advocate Mis. S.Arun OA 1139/2017 & batch ... Respondents .. Applicant ... Respondents ...- Applicant 10 Vs 1,Union of India rep by, Chief Postmaster General, Office of the Chief Postmaster General, Chennai 600002, 2,The Senior Superintendent of Post Offices, Tuticorin Division, Tuticorin 628008. By Advocate Mr, R.S.Krishnaswamy OA 1049/2018 :- S.Narayanan, 86, Saliar Street, Tirunelveli Town 627006. By Advocate M/s. S.Arun Vs 1,Union of India rep by, Chief Postmaster General, Office of the Chief Postmaster General, Chennai 600002. 2.The Senior Superintendent of Post Offices, Tirunelveli Division, ' Tirunelveli 627002. By Advocate Mr. M.T.Arunan OA 1070/2018 P. Thamburaj No. 6/52, Maruthuvar Street Vallanad -- 628 252. By Advocate M/s. S.Arun Vs OA, 1139/2017 & batch ».-Respondents ... Applicant ts Respond ents ... Applicant ll 1. Union of India rep by, Chief Postmaster General, Office of the Chief Postmaster General, Chennai 600002. 2. The Senior Superintendent of Post Offices, Tuticorin Division Tuticorin -- 628 008. By Advocate Mr. M.T.Arunan OA 1134/2018 :- R,Ulagaraj, No. 40, Mela kanom, Vallivilai, Mannanvilai 628218. By Advocate M/s. $.Arun Vs 1.Union of India rep by, Chief Postmaster General, Office of the Chief Postmaster General, Chennai 600002. The Senior Superintendent of Post Offices, Tuticorin Division, Tuticorin 628008. By.Advocate Mrs. M. Santhini OA 1146/2018 §. Esakki No. 175/4, Pillayar Koil Street Therkupatti, Manur -- 627 201. By. Advocate M/s. $.Aran Vs 1.Union of India rep by, Chief Postmaster General, OA 1139/2017 & batch ..» Respondents Applicant ... Respondents ... Applicant 12 Office of the Chief Postmaster General, Chennai 600002. 9 The Senior Superintendent of Post Offices, Tirunelveli Division Tirunelveli -- 627 002. By Advocate Mrs. M. Santhini OA 1164/2018 Veo §,Chellammal, No. 14, First Floor, _ Selvinagar, Sindupoondurai, Tirunelveli 627001. By Advocate M/s. S.Arun Vs 1Union of India rep by, Chief Postmaster General, Office of the Chief Postmaster General, Chennai 600002. 2. The Senior Superintendent of Post Offices, Tirunelveli Division, Tirunelveli 627002. By Advocate Mr.-Su. Srinivasan OA 1192/2018 K. Kairunisa Begam No. 14, Meenakshinagar VS Nagat, 7" Cross Street Tirunelveli -- 627 O11. By Advocate M/s. 8.Arun Vs OA 1139/2017 & bateh Respondents Applicant _.. Respondents __..Applicant 13 OA 1139/2017 & batch 1,Union of India rep by, Chief Postmaster General, Office of the Chief Postmaster General, Chennai 600002. 2. The Senior Superintendent of Post Offices, Tirunelveli Division, Tirunelveli 627002. Respondents By Advocate Mr, Su, Srinivasan OA 1257/2018 :- a ae SE Mr. §. Subramanian, . 7/4D, Second Chunthi Street, Navaladi Lane, oS Tiruchendur 628215. ... Applicant By Advocate M/s. §.Arun Vs 1.Union of India rep by, Chief Postmaster General, Office of the Chief Postmaster General, Chennai 600002. 2The Senior Superintendent of Post Offices, Tuticorin Division, Turicorin 628008 ... Respondents By Advocate Mr. C. Ajith Kumar - Q OA 1369/2018 :- A.Perumal, , Plot no. 34, Brindhavan Nagat, First Street, KTC Nagar North, Maharajanagar 627011. ... Applicant By Advocate Mis. S.Arun Vs 14 1.Union of India rep by, Chief Postmaster General, Office of the Chief Postmaster General, Chennai 600002. 2.The Senior Superintendent of Post Offices, Tirunelveli Division, Tirunelveli 627002. By Advocate Mr. Su. Srinivasan OA 1432/2018 S.K. Dhanalekshmi Postwoman Nagarcoil HO Nagarcoil -- 629 001. By Advocate M/s. 8. Arun 1. Union of India, rep. by Chief Postmaster General Office of the Chief Postmaster General Chennai -- 600 002. 2, The Senior Superintendent of Post Offices Kanniyakumari Division Nagercoil -- 629 001. By Advocate Mr. M. Kishore Kumar OA 1548/2018 :- D.Sudalaimuthu, No. 6/67, Sankarankoil Road, Sethurayanpudur, Thachanallur 627358. By Advocate M/s. S.Arun Vs 1.Union of India rep by, Chief Postmaster General, OA 1139/2017 & batch ... espondents .. Applicant ... Respondents .... Applicant SPRSTETARCEES ARR: 15 OA 1139/2017 & batch Office of the Chief Postmaster General, Chennai 600002. 2.The Senior Superintendent of Post Offices, Tirunelveli Division, Tiruvelveli 627002. ... Respondents By Advocate Mr. Su. Srinivasan TeVite Ls] 16 OA 1139/2017 & batch ORAL ORDER
Pronounced by Hon'ble Mr, R. Ramanujam, Member(A) Since it is submitted that the nature of grievance, relief sought as well as the cause of action with respect to all the applicants are similar, a common order is passed in all the OAs.
2. The applicant in OA 1139/2017 has filed the application seeking the following relief:
"To set aside order No. B2/Misc/Dlgs DATED 14.02.2017 passed by the 2™ respondent and consequently direct the respondents not to recover any amount from applicant toward subscription to New Pension Scheme besides directing to induct applicant under Old Pension Scheme in terms of CCS(Pension)Rules, 1972 after considering his entire Gramin Dak Sevak service for the purpose of pension calculation and pass such other orders as are necessary"
3. Learned counsel for the applicants would submit that the applicants are similarly placed persons as those in OA 749/2015 disposed of by the Principal Bench by an order dated 17.11.2016. As the Principal Bench had held that persons appointed as GDS§ are entitled to pension, the applicant should also be granted the benefit as it was a judgement in rem,
4. Learned Senior Standing Counsel for the Central Government appearing for the respondents, however, opposes the prayer submitting that a similar claim had So;
17 OA 1139/2017 & batch been considered by this Bench earlier in OA 785/2011 which was rejected, The matter was taken up further before the Hon'ble Madras High Court in WP No. 13500/2016. Hon'ble High Court in its order dated 17.10.2016 rejected the prayer of the applicants therein and held that though GDS were holders of a Civil Post, they were not entitled to pension as they were outside the Civil Service of the Union. It is submitted that the Principal Bench passed the order in the said OA without being aware of the order passed by the Hon'ble Madras High Court and, therefore, the applicant could not claim benefit thereunder, In any case, the order of the Principal Bench has been challenged in a Writ Petition before the Hon'ble Delhi High Court and as such, it has not attained finality, .
5. Learned counsel for respondent in OA 1139/2017, Dr. G. Krishnamurthy supplements the contention of the learned Senior Standing Counsel for the Central Government stating that the demand for pension by GDS was considered by the 7"
Pay Commission which had. also noted that in terms of the judgement of the Hon'ble Supreme Court in the relevant case, GDS were only holders of a Civil Post and did not belong to a Civil Service of the Union.
6. We have considered the matter. At this stage, since a similar claim had been rejected earlier by this Bench and the Hon'ble Madras High Court had upheld the order, we vould not be able to go into the merits of the claim of the applicants. It is also evident that the matter is before the Han'ble Delhi High Court and it is for the affected parties to bring it to the notice of the Hon'ble Delhi High Court the judicial precedents in this regard including the order passed by the Hon'ble 18 OA 1139/2017 & batch Madras High Court, The law on the subject is expected to attain finality only after the matter is disposed of by the Hon'ble Delhi High Court. - In the event of the matter being taken up further in the Hon'ble Supreme Court by either side, the decision of the Hon'ble Apex Court would finally settle this issue,
6. In the aforesaid background, facts and circumstances, we are of the view that these OAs could be disposed of with a direction to the respondents to reconsider the claim of the applicants for pension under CCS (Pension) Rules 1972 in the event of the law being finally settled in favour of persons similarly placed as the applicants herein with regard to their entitlement for grant of pension under the said rules, Respondents directed accordingly, e .
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