A FAVOURABLE ORDER FOR THE GDSs
OA 749/2015 with 2 connected OAs



the law in this regard that the Tribunal should not venture into
deciding pay scales and service conditions as these are within the
domain of the executive and is best left to be decided on the basis of
recommendation of expert bodies, such as, Pay Commissions
[Union of India & Another Vs. P.V. Hariharan and Another, 1997
SCC (L&S) 838 and Union of India Vs. Makhan Chand Roy, AIR
1997 SC 2391]. This prayer is, therefore, rejected.
20. To summarise, we dispose of the O.As. with the following
directions to the respondents:

(a) For all Gramin Dak Sevaks, who have been absorbed as regular Group ‘D’ staff, the period spent as Gramin Dak Sevak will be counted in toto for the purpose of pensionary benefits.
(b) Pension will be granted under the provisions of CCS (Pension) Rules, 1972 to all Gramin Dak Sevaks, who retire as Gramin Dak Sevak without absorption as regular Group ‘D’ staff, but the period to be counted for the purpose of pension will be 5/8th of the period spent as Gramin Dak Sevak. Rule 6 will accordingly be amended.

(c) The Gramin Dak Sevaks (Conduct and Engagement) Rules,
2011 are held to be valid except Rule 6, as stated above.
336
OA 749/2015 with 2 connected OAs

(d) The claim of Gramin Dak Sevaks for parity with regular
employees regarding pay and allowances and other benefits
available to regular employees, stands rejected.
21. With the above directions, all the three O.As. stand disposed
of. However, the parties are directed to bear their own costs.



(P.K. BASU)                               (JUSTICE M.S. SULLAR)  Member (A)                                     Member (J)