Indian Kanoon - Search engine for Indian Law

5. The lead case which has been argued before us arises from an application instituted by one Gandiba Behera registered as O.A. No. 609/2010 before the Central Administrative Tribunal, Cuttack Bench. The said applicant was selected through regular process as a GDS in Balasore division of the State of Orissa on 1 st April, 1968. He continued to work in that capacity until 25 th May, 1999, from which date, he was engaged in a Group ‘D’ post in regular employment through the proper selection process. This status as a Group “D” employee was conferred on him retrospectively, by way of a memorandum issued by the authorities on 30th December 1999. He attained the age of superannuation on 30 th June, 2008. His claim for pension was, however, denied on the ground of not having completed 10 years of minimum qualifying service in the Group ‘D’ post. The Tribunal, by an order passed on 6th July, 2011, upheld the applicant’s plea for having part of his service rendered in the capacity of GDS computed for meeting the requirement of qualifying service, relying on an earlier decision of the Tribunal delivered in O.A. No. 310 of 2010 (Sri Gouranga Ch. Sahoo Vs. Union of India and Others). The Tribunal held and directed in the case of Gandiba Behera:­ “It is not the case of the Respondents that the above order of this Tribunal has meanwhile been reviewed or reversed by any higher court. In view of the above, I find no justifiable reason to deviate from the view already taken by this Tribunal in the case of Gouranga Ch. Sahoo (supra). Hence the respondents are hereby directed to bring such of the shortfall period of service from the ED employment of the applicant to count for the purpose of minimum period of ten years qualifying service and accordingly sanction and pay the pension and pensionary benefits to the applicant from the date of his retirement forthwith preferably within a period of 60 (sixty) days from the date of receipt copy of this order; failing which, the applicant shall be entitled to 6% on the arrear pension and  pensionary dues from the date of his retirement till actual payment is made and the Respondents are free to recover the interest amount from the officer who would be found responsible for causing delay in payment.”

30.06.2011—superannuated.

Qualifying Service Period: 7 years, 10 months, 9 days.

8. Learned counsel for the appellants has assailed the decision of the Orissa High Court in the case of Gandiba Behera (supra) affirming the Tribunal’s order mainly on the ground that service undertaken as GDS could not be equated with regular service. 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. It has also been highlighted on behalf of the appellants that services of Gramin Dak Sevaks are regulated by a different set of rules and Court ought not to direct the administration or executive authorities in the capacity of employer to create an altogether new service Rule for a particular set of employees.