Notional appointment period must count for pension and pay fixation, excluding arrears for 'no work, no pay'.

The applicant, S. Narayanan, commenced service as a GDS in 1979.

During 2002-2003, there was a ban on recruitment due to cadre restructuring.

Following a Tribunal directive, confirmed by the Hon'ble High Court in W.P (C) 34512/2009 (Annexure A-1), an order (Annexure A-2) was issued by the Post Master General on 08.07.2010, stating appointments would be made retrospectively from the date of vacancy occurrence notionally.

The applicant was appointed as MTS on 16.07.2010 and joined duty on 19.07.2010.

Subsequently, Annexure A-4 notionally appointed him as a Group D employee with effect from 01.07.2006.

He retired on superannuation on 31.10.2015 and passed away on 18.01.2022, with his widow impleaded as the 2nd applicant.

The applicant's notional posting from 01.07.2006 was not reckoned in his pension fixation.

Annexure A-5 granted him a severance amount of Rs. 20,000/- up to 30.06.2006, implying his GDS service terminated then and MTS posting began notionally on 01.07.2006.

Annexure A-7, issued pursuant to the applicant's representation (Annexure A-6), conceded that the notional period would be reckoned for pension purposes but denied pay fixation from 01.07.2006.

Whether the notional appointment date of 01.07.2006 should be reckoned for the purpose of fixing the applicant's pension.

Whether the applicant is entitled to re-fixation of pay notionally, including annual increments, from the date of notional appointment (01.07.2006).

Whether the applicant is entitled to arrears of actual pay from the notional appointment date.

The court relied on the principles of equitable treatment and adherence to prior commitments made in official orders, specifically Annexure A-2, which stipulated retrospective notional appointments for affected individuals.

It also referred to a precedent from the same Tribunal in OA 783/2015, which granted similar relief for notional pay fixation but denied arrears based on the "no work, no pay" dictum.

Additionally, the court implicitly applied the principle that pension fixation should align with officially recognized service periods.

The court noted that Annexure A-2 explicitly stated that appointments would be made retrospectively from the date of vacancy occurrence notionally.

The applicant's appointment as Group D/MTS was indeed given retrospective effect from 01.07.2006 on a notional basis, and the respondents had committed that this period would be reckoned for pension.

The court found no logical reason to deny the prayer for fixing pension from 01.07.2006, given these assurances.

It acknowledged the anomaly where Annexure A-7 stated the notional period would be reckoned for pension but denied pay fixation from the same date.

Citing its own prior order in OA 783/2015, which involved identical facts, the Tribunal found that relief was granted for fixing pay with annual increments from the notional promotion date.

However, consistent with the "no work, no pay" dictum established in that precedent, the court denied arrears of pay for the period prior to actual joining.

The court further directed that his pay be fixed giving notional pay fixation with annual increments from 01.07.2006, with arrears of actual pay from 19.07.2010 (date of joining as MTS), and for differential NPS contribution to be remitted for the period from 2010.

The respondents are directed to re-fix the applicant's pension taking into account his notional service from 01.07.2006.

His pay shall be fixed giving notional pay fixation with effect from 01.07.2006, including annual increments.

Arrears of actual pay will be granted from 19.07.2010, the date of joining service as MTS.

Pay re-fixation on promotion to Postman will be done with effect from 12.07.2011, and differential NPS contribution shall be remitted in the applicant's account for the period from 2010.

This must be done within 120 days from the date of receipt of this order.

There are no costs.