A. KANNAYAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri R. Malaichamy, learned Counsel for the Petitioner and Shri M. Devendran, learned Counsel for the Respondents 1 to 4.

(2.) This Writ Petition is filed by the Petitioner to quash the Common Order made in O.A. No. 443 of 2011 dated 17.4.2013 by the Central Administrative Tribunal directing the Respondents 1 to 4 to grant Pension and other Retirement Service Benefits to him.

(3.) The said Order is challenged in this Writ Petition, by contending that the Petitioner was appointed as Extra Departmental Delivery Agent/Mail Carrier (EDDA/MC) at Palakunnath Branch Office, Dindigul on 8.8.1970 and he was promoted and appointed to the post of Postman with effect from 31.12.1998 on seniority basis and retired from service on 30.6.2008 on reaching the age of superannuation. The Respondents/Department counted the pensionable service from 31.12.1998 to 30.6.2008, which comes to 9 years 6 months and 1 day. The said period being less than 10 years of qualifying service, the Pension claimed by the Petitioner was declined by Order dated 5.8.2008 by the Third Respondent, confirming the Order of the 4th Respondent dated 12.7.2010. The said Orders were challenged before the Central Administrative Tribunal by contending that the Petitioner having worked in an officiating capacity as Postman for 9 years, 6 months and 1 day prior to his appointment as Extra Departmental Delivery Agent from 8.8.1970, the said period can also be counted as qualifying service. The Tribunal dismissed the Original Application.