K. Subramaniyam v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.08.2018 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.6855 of 2012 and M.P.No.1 of 2012 K.Subramaniyam .. Petitioner -vs1.Union of India, rep. by Director General, Department of Posts, Dak Bhawan, New Delhi 110 001.

2.The Chief Postmaster General, Office of the Chief Postmaster General, Tamil Nadu Circle, Chennai 600 002.

3.The Superintendent of Post Offices, Karaikudi Division, Karaikudi 630 003, Tamil Nadu.

4.The Registrar, The Central Administrative Tribunal, Madras Bench, Chennai.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records relating to the order made in OA No.255/2010 dated 30.03.2010 passed by the 3rd respondent and the order made in OA.No.480 of 2010 dated 29.04.2010 passed by the Central Administrative Tribunal, Chennai and quash the same and consequentially direct the respondents 1 to 3 to grant the regular pension to the petitioner in Group 'D' Cadre in the Department of Posts with all attendant benefits. For Petitioner :

Mr.G.Ethirajuly For Respondents :

Mr.N.Ramesh

Central Govt. Stng. Counsel for RR 1 to 3 :

R-4 Tribunal

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Heard the learned counsel for the petitioner as well as learned Central Government Standing Counsel for respondents 1 to 3.

2.The petitioner was appointed as Gramin Dak Sevak in the Department of Posts in 1971 and promoted as Group 'D' on 29.05.1999. The petitioner retired as Group 'D' employee on 31.03.2008. After retiring, the petitioner was not given pension. The petitioner, before the Central Administrative Tribunal, Madras Bench, has impugned the communication of the respondents-Department of Posts, dated 30.03.2010 whereby he was informed that his regular service in the department had commenced on 30.05.1998 as Group 'D' and the petitioner had retired on 31.03.2008 on superannuation. Prior to 30.05.1999, the petitioner had rendered 27 years and six months of service in GDS cadre, which will not count for pension, as such, the petitioner did not have qualifying 10 years of service, which was required for pension. Hence, he was not eligible for pension.

Being aggrieved thereby, the petitioner preferred O.A.No.480 of 2010 before the Central Administrative Tribunal. The Central Administrative Tribunal, by order dated 29.04.2010, dismissed the OA preferred by the petitioner. 3.Even the learned counsel for the petitioner submits that the petitioner had regular qualifying service of 8 years and 10 months and a few days. Rule 49 (2) of the Central Civil Services (Pension) Rules, 1972, states that the minimum qualifying service necessary to become eligible for pension is 10 years. Admittedly, the petitioner did not have the necessary 10 years of qualifying service to make him eligible for pension. 4.The learned counsel for the petitioner placed reliance on the decision of this Court dated 04.10.2007 passed in W.P.No.45465 of 2002 (between Union of India vs. M.R.Palanisamy and Anr.)

He has placed reliance on the observations in the said decision wherein it is held that fraction of a year nearly to three months and above shall be treated as a completed one half-year and reckoned as qualifying service. In the said case, the employee had put in 19 half-year service and he was lacking three months time to complete 20 half-year service. In the said case, it was observed that the employee was just short of three months of the necessary service period.

even of six months, but it is more than one year, in such case, this decision would not apply to the case of the petitioner. 5.The Central Administrative Tribunal has taken into consideration all these facts and dismissed the OA preferred by the petitioner. Looking to the facts of this case, we do not find any merit in this petition.

The writ petition is, accordingly, dismissed. No costs. Consequently, M.P.No.1 of 2012 is also dismissed. Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar sra To 1.Union of India, rep. by Director General, Department of Posts, Dak Bhawan, New Delhi 110 001.

2.The Chief Postmaster General, Office of the Chief Postmaster General, Tamil Nadu Circle, Chennai 600 002.

3.The Superintendent of Post Offices, Karaikudi Division, Karaikudi 630 003, Tamil Nadu.

4.The Registrar, The Central Administrative Tribunal, Madras Bench, Chennai.

+1cc to Mr.G.Ethirajulu, Advocate SR.No.58559 +1cc to Mr.Ramesh, Advocate SR.No.58326 W.P.No.6855 of 2012 GMY(10/09/2018)