Service rendered as Gramin Dak Sevak cannot be counted as qualifying service for grant of pension.

The applicant was appointed as a Gramin Dak Sevak Branch Post Master (GDS BPM) on April 26, 1979, and served continuously until his retirement on February 28, 2019

During his tenure, he performed various departmental duties, including handling savings accounts, insurance, and MGNREGA-related work

Relying on a previous direction from the Principal Bench of the Tribunal (OA No. 749/2015) and the Supreme Court’s observations in Vinod Kumar Saxena v. Union of India, the applicant sought the grant of pension under the CCS (Pension) Rules, 1972, by counting 5/8th of his GDS service as qualifying service

The respondents contested the claim, arguing that GDS are governed by distinct rules that categorize them as outside the regular civil services and explicitly exclude them from pensionary benefits

1. Whether the service rendered as a Gramin Dak Sevak (GDS) can be calculated as qualifying service for the purpose of granting pension under the CCS (Pension) Rules, 1972

2. Whether the applicant is entitled to parity with regular Group 'D' personnel of the Postal Department regarding pensionary benefits

Rule 6 of the Department of Posts, Gramin Dak Sevaks (Conduct Engagement) Rules, 2011, which stipulates that Sevaks are not entitled to pension but may receive ex-gratia gratuity

The Supreme Court precedent in Gandiba Behera, which clarified that GDS positions are part-time and governed by separate service rules that do not permit the counting of such service toward regular pension

The findings of the Delhi High Court in Union of India v. Gandiba Behera (W.P. (C) No. 3569/2017), which set aside the Principal Bench’s earlier orders that had favored the grant of pension to GDS

The Tribunal noted that the applicant’s claim rested entirely on the legal position established by the Principal Bench in OA No. 749/2015

The Tribunal observed that the Delhi High Court, on October 31, 2025, had specifically set aside that order, ruling that GDS service cannot be factored into qualifying service for pension

The Tribunal analyzed the nature of GDS employment, noting that under Rule 3-A of the 2011 Rules, a Sevak is outside the Civil Services of the Union and cannot claim parity with regular Central Government employees

The court reasoned that since the Supreme Court in Gandiba Behera held that there is no legal provision to artificially extend service tenure or import GDS service into regular tenure for pension purposes, the applicant had no statutory right to the relief sought

The Tribunal concluded that the judicial precedents cited by the applicant were no longer valid or applicable in light of the superior court's subsequent reversals

The court held that the applicant's service as GDS cannot be counted as qualifying service for pension under the CCS (Pension) Rules, 1972

The applicant remains entitled only to admissible non-pensionary benefits, such as ex-gratia gratuity, upon completion of required formalities

No costs were awarded