UNION OF INDIA Vs. REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THIS writ petition is filed by the Postal Department against the order dated 21.6.2013 made in O.A.No.1277 of 2011 by the Central Administrative Tribunal, Madras Bench, Chennai, directing the petitioners to consider the service of the second respondent and pass appropriate orders granting pensionary benefits to him as per law, within a period of two months.

(2.) THE second respondent was initially appointed as EDDA in Sathanur Dam Sub Post Office on 11.8.1967. After 29 years in the said post, the second respondent was appointed in Group 'D' cadre by seniority on 18.10.1996 in Pudupalayam Sub Post Office and he was confirmed w.e.f. 18.10.1998 by order dated 1.2.1999 and thereafter he was promoted as Postman. During his service, the second respondent was awarded with a dies -non for one day on 5.1.1998 and for 14 days for participating in the All India Strike from 5.12.2000 to 18.12.2000 and on 29.9.2005. The second respondent retired on attaining the age of superannuation on 31.7.2006 after putting in the qualifying service of 9 years 8 months and 27 days.

(3.) THE said Original Application was opposed by the petitioners contending that the second respondent was not having ten years of qualifying service in Group "D" cadre and as per Rule 49(3) of the Central Civil Services (Pension) Rules, 1972, unless qualifying service of ten years is available, pensionary benefits cannot be extended to the second respondent.