CENTRAL ADMINSITRATIVE TRIBUNAL PRINCIPAL BENCH NEW

OA 4039/2015

this the 18th day of November, 2015

Hon’ble Mr. V. Ajay Kumar, Member (J) Hon’ble Mr. Uday Kumar Varma, Member (A)

1. Surender Singh, Aged- 45 Years, S/o Sh. Ramgi Lal Working as G.D.M.P. Jawar Colony, Distt. Faridabad (), R/o V.P.O. Pali, Distt. Faridabad,

2. Sanjay Kumar, Aged- 37 Years, S/o Sh. Hukam Singh, Working as G.D.S. BPM, Khambi, Faridabad R/o V.P.O. Khambi, Faridabad

3. Vijay Kumar, Aged- 37 Years, S/o Sh. Ram Singh, Working as G.D.S.M.D. Marroli Faridabad R/o V.P.O. Marroli, Palwal

4. Rajpal, Aged- 55 Years, S/o Sh. Deshraj, Working as G.D.S.V. FBD, NIT HO Faridabad R/o Vill Bhawana, P.O. Amrali (Palwal),

5. Karamvir, Aged- 48 Years, S/o Sh. Hukam Singh, Working as G.D.S.V. FBD NIT HO Faridabad, R/o Vill Jasana P.O. Badarpur Shayed (Faridabad)

6. Vicky Sharma, Aged- 24 Years, S/o Sh. Gulshan Sharma, Working as G.D.S.M.P Sec-9, Faridabad R/o H.No.319, Sihi Gati, BLB

2

7. Chauhari Lal, Aged- 59 Years, S/o Sh. Ganesh, Working as G.D.S.S.V-E/Nagar Faridabad, R/o 20A, Nehru Ground, NIT, Faridabad.

8. Satbir, Aged- 55 Years, S/o Sh. Har Lal, Working as G.D.S/M.P. Amar Nagar, Faridabad R/o Vill Jasana P.O. Badarpur Sheyad

9. Inder Singh, Aged- 40 Years, S/o sh. Veer Singh, Working as G.D.S/B.P.M.-G.I.P, Faridabad R/o H.No.131, G.I.P., Gurukul Inderparshta.

10. Baljeet, Aged- 38 Years, S/o Sh. Shyami, Working as G.D.S./MD/MC G.I.P., Faridabad, R/o V.P.O. Anagpur, Faridabad,

11. Chandar Bhan, Aged- 44 Years, S/o Sh. Aaram, Working as G.D.S./MP/F.G.N. FBD, R/o V.P.O. Aherwan (Palwal)

12. Kawar Pal, Aged- 34 Years, S/o Sh. Yad Ram, Working as G.D.S./M.D/MC Badarpur Sheyad, R/o H.No.129/48, J.C. Faridabad

13. Sunder Singh, Aged- 40 Years, S/o Sh. Yad Ram, Working as G.D.S/S.V. BLB (Faridabad) R/o H.No.129/48, J.C. Faridabad

14. Surender, Aged- 25 Years, S/o Shri Lal, Working as G.D.S/ MIC Marrali, Faridabad R/o V.P.O. Marrali, Hodal,

3

15. Sunder Singh, Aged- 24 Years, S/o Sh. Rameshwar Dass, Working as G.D.S/M.P, Sec.-22, FBD, R/o V.P.O. Allipur Tigaon, Faridabad.

16. Mool Chand, Aged- 43 Years, S/o Sh. Sharda Ram, Working as G.D.S./M.P, Sec.-29, Faridabad, R/o V.P.O. Tigaon, BLB, Faridabad

17. Virender Singh, Aged- 42 Years, S/o Sh. Ganga Lal, Working as G.D.S./M.D/MC Bhaskala, R/o V.P.O. Tigaon BLB, Faridabad

18. Ombir, Aged- 52 Years, S/o Sh. Shyam Lal, Working as G.D.S./M.P. G.T. Road, Faridabad. R/o Vill Sihi, P.O. Sec-7, Faridabad.

19. Fateh Lal, Aged- 62 Years, S/o Sh. Cheeman Lal, Working as G.D.S./S.V, Sec.-7, Faridabad, R/o H.No.124, Gandhi Colony, Faridabad,

20. Jagbir, Aged- 42 Years, S/o Sh. Mawasi Ram, Working as G.D.S./M.P., Sec.-15, Faridabad, R/o Vill Lalwaka, P.O. Palwal,

21. Sabsukh, Aged- 61 Years, S/o Sh. Lakhmi Chand, Working as G.D.S./M.P., Sec.-8, Faridabad R/o Vill Sihi, P.O. Sec.-7, Faridabad.

22. Chandgi Ram, Aged- 50 Years, S/o Sh. Ram Chand, Working as G.D.S.B.P.M. Asawta (Palwal) R/o V.P.O. Asawta (Palwal)

23. Mehar Chand, Aged- 55 Years, S/o sh. Bhajan Lal, Working as G.D.S./M.P. Sec.-16, Faridabad, R/o V.P.O. Mohna (BLB)

4

24. Satbir, Aged- 41 Years, S/o Sh. Tika Ram, Working as G.D.S/M.D./MC Likhi, Hassanpur. R/o V.P.O. Gulabad Hassanpur,

25. Dhan Pal, Aged- 49 Years, S/o Sh. Rattan Singh, Working as G.D.S/B.P.M. Badarpur, Sheyad, R/o V.P.O. Badarpur Sheyed (Tigaon), BLB.

26. Kuldeep, Aged- 20 Years, S/o Sh. Ram Bir, Working As G.D.S/M.D., Fatehpur Billoch (BLB) R/o Vill Bhood P.O. Mohna (BLB),

27. Kuldeep, Aged- 25 Years, S/o Sh. Abhay Singh, Working as G.D.S/M.P. Sec.-18, Faridabad, R/o Vill Dalpura, P.O. Guwana, Tehsil Behrod, Alwar (Raj.)

28. Raj Pal, Aged- 44 Years, S/o Sh. Girraj, Working as G.D.S/M.P. NH-III, Faridabad, R/o V.P.O. Baghola (Palwal)

29. Pista Devi, Aged- 47 Years, W/o Sh. Jugal Kishor, Working as G.D.S/S.V, NH-IV, Faridabad, R/o Adarsh Colony, NH-IV, Faridabad,

30. Bijender, Aged- 43 Years, S/o Sh. Sharda Ram, Working as G.D.S/B.P.M. Amroli (Palwal) R/o V.P.O. Amroli (Palwal)

31. Naresh Kumar, Aged- 41 Years, S/o Sh. Munna Lal, Working as G.D.S./M.P. Tigaon (BLB) R/o F-456, S.G.M. Nagar (Faridabad)

32. Jasmat, Aged- 49 Years, S/o Sh. Jai Kishan, Working as G.D.S./S.V. Palwal 5

R/o Vill Rampur, P.O. Ghori (Palwal)

33. Devender Pal, Aged- 42 Years, S/o Sh. Budh Singh Working as G.D.S./M.D./M.C Tikri Brahman, R/o V.P.O. Tikri Brahman (Palwal)

34. Bhajan Lal, Aged- 56 Years, S/o Sh. Nathi Ram, Working as G.D.S/B.P.M. Dighot, R/o V.P.O. Dighot Aurangabad

35. Nanak, Aged- 60 Years, S/o Sh. Itwari Lal, Working as G.D.S./M.C. Dhatir (Palwal) R/o V.P.O. Baghola (Palwal)

36. Ram Chand, Aged- 49 Years, S/o Sh. Devi Ram, Working as G.D.S./M.D./M.C. Asawta R/o V.P.O. Asawta (Palwal)

37. Roop Ram, Aged- 42 Years, S/o Sh. Khachera, Working as G.D.S./M.D. (Palwal) R/o V.P.O. Alawalpur (Palwal)

38. Bijendar Kumar, Aged- 59 Years, S/o Sh. Charangi Lal, Working as G.D.S./B.P.M. Barali (Palwal) R/o V.P.O. Barali (Palwal)

39. Ashok Kumar, Aged- 29 Years, S/o Sh. Bhajan Lal, Working as G.D.S./M.C. Dighot R/o V.P.O. Dighot (Palwal)

40. Rajesh, Aged- 39 Years, S/o Sh. Moti Ram, Working as G.D.S./M.D., Aurangabad R/o V.P.O. Aurangabad (Palwal)

41. Lakhmi, Aged- 40 Years, S/o Sh. Kunji Lal, Working as G.D.S./M.D. Dighot (Palwal) R/o V.P.O. Dighot Aurangabad

6

42. Rajender, Aged- 40 Years, S/o Sh. Bhoop Singh, Working as G.D.S./M.C. Aurangabad R/o V.P.O. Aurangabad (Palwal)

43. Ved Parkash, Aged- 43 Years, S/o Sh. Tuhi Ram, Working as G.D.S./B.P.M. Bamin Khera R/o V.P.O. Bamini Khera (Aurangabad)

44. Gopal Krishan, Aged- 35 Years, S/o Sh. Jugal Kishor, Working as G.D.S./M.C. Bahin R/o V.P.O. Bahin (Aurangabad) 45. Fateh Ram, Aged- 50 Years, S/o Sh. Hari Singh, Working as G.D.S./ B.P.M. Manpur R/o V.P.O. Manpur (Aurangabad)

46. Prem Singh, Aged- 41 Years, S/o Sh. Parash Ram, Working as G.D.S./B.P.M. Andhop (Hodal) R/o V.P.O. Andhop (Hodal)

47. Sukh Ram, Aged- 59 Years, S/o Sh. Chandgi Ram, Working as G.D.S./MD Hodal R/o V.P.O. Aali Brahman

48. Jag Ram, Aged- 55 Years, S/o Sh. Man Singh, Working as G.D.S./M.C. Khambi (Hodal) R/o V.P.O. Khambi (Hodal)

49. Jagdish Chand, Aged- 42 Years, S/o Sh. Puran Singh, Working as G.D.S./M.P. Hassanpur, R/o V.P.O. Hodal

50. Vijay Kumar, Aged- 46 Years, S/o Sh. Amar Singh, Working as G.D.S./M.D. Hassanpur, R/o V.P.O. Hassanpur (Hodal)

51. Raghubir, Aged- 43 Years, S/o Sh. Babu Ram, Working as G.D.S./MD Hassanpur, 7

R/o V.P.O. Gulabad (Hassanpur)

52. Suresh Kumar, Aged- 58 Years, S/o Sh. Hukam Singh, Working as G.D.S./M.D. Bhendoli R/o V.P.O. Bhendoli (Hassanpur)

53. Amar Chand, Aged- 63 Years, S/o Sh. Tula Ram, Working as G.D.S./B.P.M. Bhendoli, R/o V.P.O. Bhendoli (Hassanpur)

54. Mukh Ram, Aged- 51 Years, S/o Sh. Ram Sawrup, Working as G.D.S./B.P.M. Banswa R/o V.P.O. Banswa (Hassanpur) 55. Rajbir Singh, Aged- 41 Years, S/o Sh. Girraj Singh, Working as G.D.S./B.P.M. Tappa, R/o V.P.O. Gulabad (Hassanpur)

56. Sish Pal, Aged- 48 Years, S/o Sh. Sukhi Ram, Working as G.D.S./M.D. Hassanpur, R/o V.P.O. Hassanpur

57. Padam Singh, Aged- 42 Years, S/o Sh. Kharya, Working as G.D.S./B.P.M. Likhi R/o V.P.O. Likhi (Hassanpur)

58. Tara Chand, Aged- 42 Years, S/o Sh. Lekh Ram, Working as G.D.S./B.P.M. Marroli Hodal, R/o V.P.O. Marroli (Hodal)

59. Rajendar Singh, Aged- 41 Years, S/o Sh. Nathi Ram, Working as G.D.S./M.C. Alimeo (Hodal) R/o Anadhop (Hodal)

60. Devendar Kumar, Aged- 50 Years, S/o Sh. Bhulli Ram, Working as G.D.S./B.P.M. Alimeo, R/o V.P.O. Alimeo (Hodal)

8

61. Ranbir Singh, Aged- 44 Years, S/o Sh. Nathi Singh, Working as G.D.S./M.D. Lohina, R/o V.P.O. Lohina (Hodal)

62. Udaybir, Aged- 40 Years, S/o Sh. Gulab Singh, Working as G.D.S./B.P.M. Siaroli (Palwal) R/o V.P.O. Siaroli (Palwal)

63. Virpal, Aged- 38 Years, S/o Sh. Chokhan, Working as G.D.S./B.P.M. Chant R/o V.P.O. Chant (Palwal)

64. Girdhari Lal, Aged- 57 Years, S/o Siri Kishan, Working as G.D.S./M.D./MC Ghori (Palwal) R/o Vill. Pehladpur P.O. Ghori (Palwal) 65. Harbir, Aged- 24 Years, S/o Sh. Virender, Working as G.D.S./B.P.M. Chirwari, R/o V.P.O. Chirwari (Palwal)

66. Mithlesh, Aged- 43 Years, W/o Sh. Devendar, Working as G.D.S./B.P.M. Baghola, R/o V.P.O. Baghola (Palwal)

67. Devendar Singh, Aged- 24 Years, S/o Sh. Laxman Singh, Working as G.D.S./B.P.M. Ghori, R/o Vill. Pathi P.O. Baghola (Palwal)

68. Rattan Singh, Aged- 49 Years, S/o Sh. Balli Ram, Working as G.D.S./B.P.M. Chhajju Nagar, R/o V.P.O. Chhajju Nagar (Palwal)

69. Jawahar Singh, Aged- 54 Years, S/o Sh. Sumran, Working as G.D.S./B.P.M. Janoli (Palwal) R/o V.P.O. Janoli (Palwal)

70. Rattan Singh, Aged- 48 Years, S/o Sh. Ram Karan, Working as G.D.S./M.D. Alawalpur, 9

R/o V.P.O. Alawalpur (Palwal)

71. Gopal Sharma, Aged- 56 Years, S/o Sh. Om Parkash, Working as G.D.S./M.D. Alawalpur, R/o V.P.O. Alawalpur (Palwal)

72. Hukam Chand, Aged- 50 Years, S/o Sh. Ram Chand, Working as G.D.S./M.D. Allipur (BLB), R/o V.P.O. Allipur Tigaon (BLB)

73. Lalit Kumar, Aged- 20 Years, S/o Sh. Gajesh Kumar, Working as G.D.S./B.P.M Allipur (BLB) R/o V.P.O. Allipur Tigaon (BLB)

74. Kamal Singh, Aged- 46 Years, S/o Sh. Munsi Ram, Working as G.D.S./B.P.M. Gonchhi (BLB) R/o V.P.O. Gonchhi (BLB) 75. Bhikam Singh, Aged- 48 Years, S/o Sh. Dharam Pal, Working as G.D.S./M.D. Gonchhi (BLB) R/o V.P.O. Gonchhi (BLB)

76. Rajendar Parshad, Aged- 62 Years, S/o Sh. Janki Parshad, Working as G.D.S./B.P.M. Bhuapar, R/o V.P.O. Bhuapar Tigaon (BLB)

77. Vijay Pal, Aged- 43 Years, S/o Sh. Prem Chand, Working as G.D.S./B.P.M. Faridpur Tigaon, R/o V.P.O. Faridpur Tigaon (BLB)

78. Surendar Mohan, Aged- 45 Years, S/o Sh. Hans Raj, Working as G.D.S./B.P.M. Badoli (BLB) R/o V.P.O. Badoli (BLB)

79. Chet Ram, Aged- 51 Years, S/o sh. Mahuwa, Working as G.D.S./M.D./M.C Badoli R/o V.P.O. Badoli (BLB)

10

80. Bhagat Singh, Aged- 47 Years, S/o Sh. Horam, Working as G.D.S./M.P., Sec.-22, FBD, R/o V.P.O. Badoli (BLB)

81. Devindar Kumar, Aged- 50 Years, S/o Sh. Indar Singh, Working as G.D.S./M.C. Pali (BLB) R/o V.P.O. Pali (BLB)

82. Harun Khan, Aged- 59 Years, S/o Sh. Attar Khan, Working as G.D.S./M.D./M.C. Aherwan R/o Vill Mohddanka P.O. Hathin

83. Dharambir, Aged- 23 Years, S/o Sh. Bhajan Lal, Working as G.D.S./M.D./M.C. Badoli (Palwal) R/o Vill. Garhi, Patti Hodal

84. Ramesh Chand, Aged- 53 Years, S/o Sh. Jai Narain, Working as G.D.S./B.P.M. Alawalpur, R/o V.P.O. Alawalpur (Palwal) 85. Ashok Kumar, Aged- 57 Years, S/o Sh. Badri Parshad, Working as G.D.S./B.P.M. Pirthla (Palwal) R/o V.P.O. Pirthla (Palwal)

86. Mam Raj, Aged- 51 Years, S/o Sh. Kirpa Ram, Working as G.D.S./M.D. Khatela A, Bad R/o V.P.O. Khatela Aurangabad,

87. Hassan Khan, Aged- 47 Years, S/o Sh. Moor Khan, Working as G.D.S./M.C. Khaika (B.O.) R/o V.P.O. Khaika (Hodal)

88. Sandeep, Aged- 21 Years, S/o Sh. Parash Nath, Working as G.D.S./B.P.M. Tilpat, R/o V.P.O. Tilpat Amar Nagar (Faridabad)

89. Raju, Aged- 42 Years, S/o Sh. Shivanand, Working as G.D.S./M.D., Sec.-91, Faridabad, 11

R/oV.P.O. Tilpat Amar Nagar, Faridabad

90. Chhaju Ram, Aged-65 Years, S/o Sh. Bidhu, Working as G.D.S./M.D. Baghola (B.O) R/o V.P.O. Baghola (Palwal)

91. Yogesh, Aged- 33 Years, S/o Late Sh. Jagdish, Working as G.D.S./M.P, NH.P.C Colony, Faridabad. R/o Vill. Anangpur, Faridabad.

92. Kailash, Aged-47 Years, S/o Sh. Budhi, Working as G.D.S./B.P.M. Dhatir (Palwal) R/o V.P.O. Dhatir (Palwal)

93. Jogindar Singh, Aged- 32 Years, S/o Sh. Govind Ram, Working as G.D.S./M.D. Dhatir (Palwal) R/o V.P.O. Dhatir (Palwal)

94. Neelam Kumar, Aged- 43 Years, S/o Late Hari Chand, Working as G.D.S./M.P. Min. Sectt. Faridabad, R/o V.P.O. Tigaon (BLB)

95. Lakhmi Singh, Aged- 65 Years, S/o Sh. Sohan Singh, R/o V.P.O. Anangpur, Faridabad ……Applicants

(By Advocate: Ms. Barkha for Shri Yogesh Sharma)

VERSUS

1. Union of through the Secretary Department of posts Ministry of Communication & IT, Dak Bhawan Sansad Marg, New Delhi -1

2. The Secretary Ministry of Finance Department of Expenditure Govt. of India, North Block New Delhi

12

3. The Secretary Ministry of PPG & Pension Department of Personnel & Training North Block, New Delhi ….Respondents.

ORDER (ORAL)

By Hon’ble Mr.V. Ajay Kumar,

Heard the learned counsel for the applicant

2. The applicants, who are working as Gramin Dak Sevaks (G.D.S.) employees under the respondents, filed the present OA seeking the following reliefs:-

“(i) That the Hon’ble Tribunal may graciously be pleased to pass an order directing the respondents to consider the to treat the applicants (GDS) as Civil Servants for all purposes at par with other regular members of the civil services and regular employees in relation to all services matters including the pension and all retiral benefits.

(ii) That the Hon’ble Tribunal may graciously be pleased to pass an order declaring to the effect that the Department of Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 may be declared to be invalid and unconstitutional in violation of Article 14 and 16 of the constitution of India in so far as any rules therein treated the Gramin Dak sewaks to their prejudice and differently than the regular members of civil services and regular employees.

(iii) Any other relief which the Hon’ble Tribunal deem fit and proper may also be granted to the applicants in the facts and circumstances of the case including the costs of litigation.”

3. It is submitted that applicants have made representations vide

Annexure A-1 ventilating their grievances to the respondents however, the respondents have not passed any order thereon till date.

4. In the circumstances, the OA is disposed of, without going into the merits of the case, by directing the respondents to consider the aforesaid representations of the applicants and pass appropriate reasoned and 13

speaking order within 90 days from the date of receipt of a copy of this order, in accordance with law. No costs.

(UDAY KUMAR VARMA) (V. AJAY KUMAR) Member (A) Member (J)

/uma/