Pre-2004 GDS service counts toward qualifying service for the Old Pension Scheme after regular appointment.

The applicant was engaged as an Extra-Departmental Branch Postmaster (EDBPM)/Gramin Dak Sevak at Village Baparsi, Meerut, in 1979, and assumed charge on 4 September 1979.

He was subsequently selected through the Limited Departmental Competitive Examination under the GDS quota and appointed as a regular Postman/Patrawahak pursuant to memoranda dated 22 and 23 November 2004.

He retired on 31 January 2018.

The respondents granted him pension under the New Pension Scheme but denied coverage under the Old Pension Scheme on the ground that his regular appointment occurred after 1 January 2004.

His representation dated 29 March 2022 was rejected by order dated 25 July 2022, leading to the present Original Application under Section 19 of the Administrative Tribunals Act, 1985.

1. Whether the applicant’s service rendered as an EDBPM/GDS from 1979, prior to 1 January 2004, could be counted as qualifying service for pension after his subsequent regular appointment as a Postman under the GDS quota.

2. Whether the applicant was entitled to pension and consequential retiral benefits under the Old Pension Scheme governed by the CCS (Pension) Rules, 1972, despite his regular appointment after 1 January 2004.

3. Whether arrears of pension and retiral benefits were liable to be restricted in view of delay and the principle applicable to continuing pensionary claims.

The Tribunal applied the CCS (Pension) Rules, 1972 and the principle that continuous temporary, casual, ad hoc, or analogous service rendered before 1 January 2004, followed by regularisation or regular appointment against an applicable post, may be counted towards qualifying service for the Old Pension Scheme.

It relied on Prem Singh v. State of Uttar Pradesh, AIR 2019 SC 4392, for the proposition that past service rendered in a non-regular capacity may be counted for pension.

It further relied on Chandi Lal v. Union of India, O.A. No. 917 of 2004, affirmed by the Allahabad High Court and the Supreme Court, concerning pensionary treatment of employees initially serving on a work-charge or temporary basis.

The Tribunal also referred to Union of India v. Heera Lal, Writ-A No. 10505 of 2023, regarding equitable protection of pensionary rights of long-serving employees.

Bhikhani Devi v. Union of India, 2026 SCC OnLine SC 1055, recognised pension as a continuing cause of action while limiting arrears, in the circumstances, to the period preceding the filing of the proceedings.

The Tribunal found that the applicant had entered departmental service in 1979 and had continuously served the Department of Posts before securing regular appointment as a Postman through the prescribed GDS quota under the applicable recruitment rules.

Since his regular appointment followed substantial pre-2004 service and was not an entirely fresh entry unrelated to his earlier departmental engagement, the respondents could not exclude his prior GDS/EDBPM service merely because the formal regular appointment occurred after 1 January 2004.

Applying the principles in Prem Singh, Chandi Lal, Heera Lal, and Bhikhani Devi, the Tribunal held that the applicant’s past service had to be recognised for pensionary purposes.

However, although entitlement to pension was treated as a continuing claim, arrears were restricted to three years preceding the filing of the Original Application.

The impugned order dated 25 July 2022 was quashed and set aside.

The respondents were directed to treat the applicant as a regular Group ‘D’ employee for pensionary purposes, count his earlier GDS/EDBPM service, and grant pension and other consequential post-retiral benefits under the Old Pension Scheme.

Payment was to be completed within three months from receipt of the certified copy of the order.

Pension arrears were restricted to three years preceding the filing of the Original Application.

The Tribunal also directed payment of regular monthly pension under the Old Pension Scheme and disposed of all pending miscellaneous applications, with no order as to costs.