Facts
The applicant was appointed as a Gramin Dak Sewak Mail Deliverer (GDSMD) on May 1, 1980, and was later promoted to Multi-Tasking Staff (MTS) on December 10, 2012.
Source reference: p. 2, para. 3He superannuated on March 31, 2022, after approximately 42 years of service.
Source reference: p. 2, para. 3Despite the conclusion of his service and the submission of various representations, the respondents failed to release his pension and retiral benefits, including gratuity, insurance, and leave encashment.
Source reference: p. 2, para. 3The applicant initially filed a writ petition in the Hon’ble High Court (No. 19309 of 2025), which was disposed of on January 19, 2026, directing the applicant to pursue alternative remedies.
Source reference: p. 2, para. 3Consequently, the applicant filed the present Original Application seeking a mandamus for the release of benefits and the disposal of his pending representation dated March 27, 2023.
Source reference: p. 2, para. 2; p. 3, para. 4Issues
1. Whether the respondents are legally obligated to decide the applicant's pending representation regarding the grant of pension and retiral benefits within a stipulated timeframe.
Source reference: p. 3, para. 5; p. 3-4, para. 7Law Applied
the law laid down by the Hon’ble Apex Court regarding pensionary entitlements.
Source reference: p. 3, para. 4The procedural rule applied allows the Tribunal to dispose of a matter at the admission stage by directing an administrative authority to pass a "reasoned and speaking order" when a limited grievance regarding a pending representation is raised.
Source reference: p. 4, para. 7Reasoning
The Tribunal focused on the narrow grievance that the applicant's representation, forwarded by Respondent No. 5 to the Senior Postmaster on March 27, 2023, remained undecided.
Source reference: p. 3, para. 4-5Given the applicant's 42 years of service and the fact that he superannuated in 2022, the Tribunal reasoned that no useful purpose would be served by keeping the litigation pending in court if the administrative grievance remained unaddressed.
Source reference: p. 3-4, para. 7The Tribunal avoided a merit-based review of the pension eligibility (such as the qualifying service as GDS vs. MTS) and instead applied a procedural remedy to compel the respondents to exercise their administrative duty.
Source reference: p. 4, para. 7-8This approach ensures the applicant receives a formal decision which can then be challenged if adverse.
Source reference: no citationHolding
The Tribunal disposed of the Original Application at the admission stage without expressing an opinion on the merits or the issue of delay and laches.
It directed Respondent No. 4 (Post Master General, Bareilly Region) or the competent authority to consider and decide the applicant's representation dated March 27, 2023.
Source reference: p. 4, para. 7The authority must pass a reasoned and speaking order in accordance with the law within three months from the receipt of the certified copy of the order.
Source reference: p. 4, para. 7No costs were awarded.
Source reference: p. 4, para. 8Original Court PDF
MOOL CHANDvsDEPARTMENT OF POSTS
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