SHORTFALL IN QUALIFYING SERVICE FOR GRANT OF MINIMUM PENSION SHALL BE TAKEN FROM GDS PERIOD OF EMPLOYMENT
AN HISTORICAL DECISION
As per the Pension rules, those who are not possessing 9 years 9 months service, they are not entitled for pension. Several GDS comrades who were promoted to Group D cadre could not avail the pension due to short fall of minimum service prescribed for pension.
The CAT, Madras in its O.A. No. 1264 of 2001 in the case of Sri. M. R. Palanisamy Vs. Department of Posts directed the department" to consider a scheme by giving weightage for certain percentage of service rendered as and ED Agent for reckoning the same as a qualifying service for purposes of pension in respect of persons who get absorbed or promoted against regular Group D posts in the department which would enable such employees to get the minimum pension."
The department has moved to High Court. The High court, Chennai vide its WP No. 45465 of 2007 has uphold the decisions of the CAT Chennai by sanctioning atleast the minimum pension by making up the shortfall in service. Aggrieved by the decision, the Department has filed a special leave petition in Supreme Court under CC 13829/2008.
The Supreme Court has dismissed the SLP on 17.10.2008 and the department has sought the approval for implementation of the decision from the DOPT. Accordingly the DOPT has caused approval and the department vide its letter No. 99-3/08-Pen dt. 09.10.2009 communicated the decision which is furnished interalia: -
Copy of the DOP letter No. 99-3/08-Pen Dated – 09.10.2009
Sub: - WP NO. 45465/W.P.M.P. No. 66391 filed by Shri M. R. Palaniswamy retired Group D, Tiruppur. Tamilnadu Circle
I am directed to refer to your office letter DO letter No. APA/86-237/2002 dated 24.03.2009 regarding the abovementioned subject.
Approval of Dept. of Pension & Pensioner welfare is hereby conveyed for implementation of the Order/Judgment dated 04.10.2007 of High court of Chennai in WP No. 45465 of 2007 arising out of CAT Chennai OA No. 1262 of 2001 as a special relief to Shri. M. R. Palaniswamy, Retired Group 'C', Tiruppur, by sanctioning at least the minimum pension by making up the shortfall in service to the extent of shortfall by taking into account the EDA period of employment.
This decision is a historical one. There may be many comrades in many circles who could not receive pension due to shortfall in qualifying service. All our Divisional/Branch Secretaries are requested to guide those comrades to file a case in their respective CATS at once and assist them. The copy of the CAT, Supreme Court judgment and department orders about the implementation of the judgment had already been sent to all CHQ office bearers/Circle Secretaries from whom you can collect the copies
Please rush to help those comrades.
- Kayveeyes, General Secretary
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