UNION OF INDIA Vs. GANDIBA BEHERA

JUDGEMENT

(1.) Records reveal that service is not complete in S.L.P. (C) Diary No.13464/2018, S.L.P.(C) No.16615/2018, S.L.P.(C)No.3392/2019 and S.L.P.(C) Diary No.18007/2019. Hence these maters are directed to be de-tagged from this batch of appeals. Let these matters be placed before the appropriate Bench after completion of service.

(2.) Delay condoned and leave is granted in SLP (C) CC Nos. 20557-20558 of 2015 and SLP (C) No.32881 of 2018.

(3.) All these appeals have reached this Court from decisions of different Benches of the Central Administrative Tribunal and thereafter judgments of the High Courts on a common question of law. The dispute in these appeals is as to whether services rendered by the employees in the postal department in the capacity of Gramin Dak Sevaks (GDS) ought to be computed or not for the purpose of calculation of the qualifying service of their pension after they got selected in regular posts in the said department. The respective High Courts, whose judgments are under appeal before us, have uniformly held in favour of the GDSs who subsequently were selected as regular employees of the postal department. The original applicants were not found eligible for pension as their services fell short of the qualifying period. The minimum service period in regular employment in the said Department for being entitled to pension is contained in Central Civil Services (Pension) Rules, 1972 and it is 10 years. We shall refer to these Rules henceforth as the 1972 Rules. In all these appeals, service tenure of the respondents in regular posts fell marginally short of the said period of 10 years. Clause 49 (1) of the 1972 Rules stipulates :-