Friday, February 21, 2020

GDS Service is Government Service and all GDS to Postman or MTS after 1.1.2004 should not be under NPS automatically - Advocate Arun argued today!


As I was in Chennai CAT to hear the arguments on Pre-2006 Pensioners case, I had the occasion to observe a GDS to Postman placed under NPS case argued by Advocate Arun. The arguments for more than one hour was very much interesting.

Advocate argued that though the Judgment of Supreme Court gives a finality on two points on which this CAT has no authority to take any stand against it, there is another law point that stands open and not negatived by Apex Court. He argued that the GDS service is a government service and there are two Supreme Court judgments clearly say so. The recent judgment of Supreme Court says that any shortfall to pension eligibility service cannot be adjusted from GDS service and that the year of vacancy cannot be taken into consideration. But that judgment did not say that GDS service is not a government service. While any short fall cannot be adjusted for pension qualifying service, the service of GDS itself cannot be dubbed as nongovernmental service. Therefore if promotion to Postman cadre falls later than 1.1.2004, the erstwhile GDS if entered before ,1.1.2004 as a GDS, then he should be brought under CCS Pension system only, provided his total postman service is sufficient for old pension system. This is the argument of Advocate Arun.

Despite the Government pleader repeatedly citing the recent Supreme Court judgment and sought decision in the case, the Judge said that a point of law has come up and hence the decision must be before a Division Bench only. Therefore he set the next argument before a Division Bench on 5.3.2020.

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