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20.
For the reasons we have already discussed, we are of the opinion that the
judgments under appeal cannot be sustained. There is no provision under the law
on the basis of which any period of the service rendered by the respondents in
the capacity of GDS could be added to their regular tenure in the postal
department for the purpose of fulfilling the period of qualifying service on
the question of grant of pension.
21.
We are also of the opinion that the authorities ought to consider their cases
for exercising the power to relax
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the
mandatory requirement of qualifying service under the 1972 Rules if they find
the conditions contained in Rule 88 stand fulfilled in any of these cases. We
do not accept the stand of the appellants that just because that exercise would
be prolonged, recourse to Rule 88 ought not
to be taken. The said Rules is not number specific, and if undue hardship is
caused to a large number of employees, all of their cases ought to be
considered. If in the cases of any of the respondents’ pension order has already
been issued, the same shall not be disturbed, as has been directed in the case
of Union of India &
Ors. V Registrar & Anr. (supra).
We, accordingly allow these appeals and set aside the judgments under appeal, subject
to the following conditions:(i) In the event the Central Government or the postal
department has already issued any order for pension to any of the respondents, then
such pension should not be disturbed. In
page 31
issuing
this direction, we are following the course which was directed to be adopted by
this Court in the case of Union
of India & Ors. v. Registrar & Anr.(supra).
(ii) In respect of the other respondents, who have not been issued any order
for pension, the concerned ministry may consider as to whether the minimum
qualifying service Rule can be relaxed in their cases in terms of Rule 88 of
the 1972
Rules.
22. Interim
orders passed in these appeals, if any, shall stand dissolved. All connected
applications shall stand disposed of.
23.
There shall be no order as to costs.
.........................................CJI
(Ranjan Gogoi)
..........................................J
(Deepak Gupta)
..............................…........J
(Aniruddha Bose)
New
Delhi
Dated:
November 08, 2019.
page32
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