Central Administrative Tribunal - Madras
E Laxminarayanan vs Posts on 31 March, 2023
he I OA No.3 10/001 46/2023 CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA/310/00146/2023 Dated Friday the 31" day of March Two Thousand Twenty Three CORAM: HON'BLE MS. LATA BASWARAJ PATNE, Member (J) E. Laxminarayanan S/o. T.G. Elumalai Reddy Tharakshi Village Uthukottai Taluk Thiruvallur District, ... Applicant By Advocate M/s. T.E. Ekambaram Vs 1. The Union of India rep. by The Secretary Department of Posts Ministry of Communications and IT DAK Bhavan, Sansad Marg New Delhi -- 110 011. 2. The Chief Post master General Tamil Nadu Postal Circle Anna Salai, Chennai -- 600 602. 3. The Postmaster General Chennai City Region (TN) Chennai -~ 600 002. 4. The Superintendent of Post Offices Kanchipuram Division Kanchipuram ~ 631 501. . » Respondents By Advocate Mr. R.S. Krishnaswamy 2 OA No.310/00146/2023 ORAL ORDER
(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J)) The applicant has filed this OA seeking the following reliefs:
"i. To set aside the order in letter No. B2/old pension/dlgs dated @ Kanchipuram 631 501 the 23.01.2018 and to grant pension to the petitioner under old pension scheme by taking into account date of appointment on 04.03.1991 in GDS cadre since the services rendered as GDS and postman could not be dissected.
ii. to take into consideration the year of 2002, as the year in which the vacancy of postman arose to determine eligibility under old pension scheme.
iti. To take into consideration the total tenure of service of 26 years (13 years in GDS service + 13 years as postman) rendered by applicant with the respondent Department in computing pension.
iv. pass such further or other orders as this Tribunal deems fit and proper in the circumstances of the case and render justice."
2. Learned counsel for the applicant submits that the applicant was appointed as Extra Departmental Branch Postmaster in Gram Dak Service wef, 04.03.1991. After rendering 13 years of service, the applicant appeared for the departmental examination for promotion to Postman cadre for the year 2002 and appointed as Postman w.e.f. 26.07.2004. The applicant retired from service on attaining the age of superannuation on 31.05.2017. On 28.04.2017 prior to his retirement the applicant made representation to the respondents seeking to grant pension under old pension scheme as applicable to those employees recruited before 3 OA No.3 10/00146/2023 01.01.2004 since the applicant was appointed in the vacancy of postman that arose in the year 2002. In response to the above representation the 4"
respondent in his reply dated 23.01.2018 stated that though the Tribunal has given direction to amend Rule 6 of GDS (C&E) Rules so far amendment is not carried out and that as and when the said amendment is carried out further action will be taken on the representation and therefore the said order dt. 23.01.2018 is impugned in this OA.
3. When the matter is taken up for hearing, learned counsel for the respondents submit that similar issue has been decided in OA 520/2020 vide its order dated 28.03.2023 and this Tribunal has given a direction to consider the representation submitted by the applicant keeping in mind the latest DoPT OM dt. 03.03.2023 and pass a reasoned and speaking order in accordance with law, 4, The relevant portion of the OM dated 03.03.2023 issued by DOPT reads as hereunder:
"3. Representations have been received in this Department from the Government servants appointed on or after 01.01.2004 requesting for extending the benefit of the "pension scheme under Central Civil Services (Pension) Rules, 1972 (now 2021) on the ground that their appointment "was made against the posts/vacancies advertised/notified for recruitment prior to notification for National Pension System, referring to court judgments of various Hon'ble High Courts and Hon'ble Central Administrative Tribunals allowing such benefits to applicants.
The matter has been examined in consultation 4 OA.No.310/00146/2023 with the Department of Financial Services, Department of Personnel & Training, Department of Expenditure and Department of Legal Affairs in the light of the various representations / references and decisions of the Courts in this regard. It has now been decided that in_all cases where the Ceniral Government. Civil employee has been appointed against a post or vacancy which was advertised/ notified for recruitment/ appointment, prior to the date of notification for National Pension System ic. 22.12.2003 and is covered under the National Pension System on, joining service on or after 01.01.2004, 'may be given a one- time option to be covered under the CCS{Pension) Rules, 1972 (now 2021). This option may be exercised by the concerned Government servants latest _by
5. In view of the above, the impugned order dated 17/23.01.2018 iS hereby quashed and set aside. The applicant is granted liberty to file fresh comprehensive representation and submit his option form within a period of two weeks from the date of receipt of copy of this order. The respondents are directed to consider the same in accordance with DOPT OM dt. 03.03.2023 and order passed by the Hon'ble High Court of Delhi in WP (C)7619/2021 dt.21.11.2022 in the matter of Satya Dev Prajapati and Others Vs Delhi High Court and pass a reasoned and speaking order in accordance with law within a period of four weeks from the date of receipt of such representation.
6. OAs disposed of. No order as-to costs.