GDS SERVICE CANNOT BE COUNTED FOR PENSION UNDER CCS (PENSION) RULES 1972. ALL FAVOURABLE JUDGEMENTS BY CATs & HIGH COURTS QUASHED BY SUPREME COURT
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20. 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 period of qualifying service on the question of grant of pension.
21. We are also of the opinion that the authorities ought to consider their cases for exercising the power to relax
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the mandatory requirement of qualifying service under the 1972 Rules if they find the conditions contained in Rule 88 stand fulfilled in any of these cases. We do not accept the stand of the appellants that just because that exercise would be prolonged, recourse to Rule 88 ought not to be taken. The said Rules is not number specific, and if undue hardship is caused to a large number of employees, all of their cases ought to be considered. If in the cases of any of the respondents’ pension order has already been issued, the same shall not be disturbed, as has been directed in the case of Union of India & Ors. V Registrar & Anr. (supra). We, accordingly allow these appeals and set aside the judgments under appeal, subject to the following conditions:(i) In the event the Central Government or the postal department has already issued any order for pension to any of the respondents, then such pension should not be disturbed. In
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issuing this direction, we are following the course which was directed to be adopted by this Court in the case of Union of India & Ors. v. Registrar & Anr.(supra). (ii) In respect of the other respondents, who have not been issued any order for pension, the concerned ministry may consider as to whether the minimum qualifying service Rule can be relaxed in their cases in terms of Rule 88 of the 1972 Rules.
22. Interim orders passed in these appeals, if any, shall stand dissolved. All connected applications shall stand disposed of.
23. There shall be no order as to costs.
.........................................CJI
(Ranjan Gogoi)
..........................................J
(Deepak Gupta)
..............................…........J
(Aniruddha Bose)
New Delhi
Dated: November 08, 2019.
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