Date : 12.11.2019
Supreme Court of India Judgement : Consideration of GDS service who promoted to Departmental post.
The Hon'ble Court pronounced the following Judgement.
(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 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.
Small Analysis :
• Rule 49(3) of 1972 Rules specifies:
*“In calculating the length of qualifying service, fraction of a year equal to three months and above shall be treated as a completed one half year and reckoned as qualifying service.”*
• Rule 88 of the 1972 Rules empowers the concerned ministry or the department to relax the operation of any Rule to prevent undue hardship in a particular case. This provision as embodied in Rule 88, provides:
“88. Power to relax :
"Where any Ministry or Department of the Government is satisfied that the operation of these rules, causes undue hardship in any particular case, that Ministry or Department, as the case may be, may, by order for reasons to be recorded in writing, dispense with or relax the requirements of that rule to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner :
Provided that no such order shall be made except with the concurrence of the Department of Pension & Pensioner’s Welfare.”
Exercise of power under the said Rules however comes within the decision making domain of the executive.
Conclusion : In this subject , Communication Ministry will have to take a decision for reducing the minimum qualifying service to get pension in terms of Rule 88 of the 1972 Rules.
Ch.laxmi narayana.
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