Union Of India vs Lt. Col Om Dutt Sharma (Retd)Dead Thr. ...

2) The respondent died during pendency of the appeal. His legal heirs have been brought on record, whereas respondent Nos. 3 to 86 have been impleaded as intervenors vide order dated 14 th May, 1 for short, ‘Tribunal’ 2 for short, ‘OROP’ 1 2018 in view of the fact that the said intervenors claim the same benefit as claimed and granted to the deceased respondent. Since the issue is purely legal and the fact that large numbers of personnel of Army Postal Service 3 are involved, we have heard learned counsel for the parties on merits in respect of their entitlement to OROP in terms of Government of India’s Circular dated 7th November, 2015.

3) The respondents were working on the non-gazetted posts in the Department of Posts under the Government of India and were taken on deputation in the APS from time to time. The deceased respondent was taken on deputation in the year 1962. He relinquished his Temporary Commission in the Army as Lt. Colonel on 31st December, 1984 and retired on 14 th May, 1985 after repatriation to his parent department i.e. Department of Posts. The stand of the intervenors is that they joined APS on deputation either as Junior Commissioned Officer (JCO) or the Warrant Officer (WO) and were not repatriated to their parent department. All the intervenors retired from the APS on attaining the age of superannuation, therefore, they claim benefit of OROP.

9. Relinquishment of Commission and repatriation to the Department of Posts (1) An officer shall relinquish his temporary commission in Army Postal Service and be repatriated to the Department of Posts or proceed on compulsory retirement on superannuation by order of the Central Government or the authority specified in sub-para (2) with effect from the afternoon of the date specified in the orders. (2) The authority specified in Sub Para (1) shall be the Additional Director General Army Postal Service. (3) Approval of the Central Government will be obtained by the Additional Director General Army Postal Services prior to the issue of orders in all cases except the following:-

16) The respondents were appointed in the Department of Posts and were sent on deputation to the APS. They hold a lien in the Department of Posts inasmuch as they can be recalled by the Department of Posts and that they can seek reversion to the parent department. Clause 3 (a) of Annexure ‘A’ to Army Instructions 1959 gives an officer an option at the time of commissioning and a further option on each occasion of promotion in Army rank to draw either military pay and allowances or civil pay and the deputation allowance. Sub clause (c) further provides that pay and allowances during the joining period prior to being commissioned as well as during transit on reversion will be on the civil rates only, and no deputation allowance will be allowed. Such Instructions also state that an officer serving in the rank of Major, who is promoted to the grade of Director, Postal Service in his parent department will be reverted to civil employment but he can be retained in the APS for a period not exceeding four months at the discretion of the Quartermaster General. In respect of pension, there is a categorical instruction that the officers would be governed by civil rules for service pension. An option is available to opt for military or civil rules in respect of disability or special family pension. 15

17) In the subsequent Instructions 1985, superseding the earlier Instructions, the members of Department of Posts have an option at the time of Commission and further option on each occasion of promotion in Army rank to draw either military pay and allowances or civil pay plus a deputation allowance. The condition of pay and allowances of officers joining from the Department of Posts during the period prior to Commission as well as on transit on reversion will be on the civil rates and that no deputation allowance will be allowed remain unchanged. Again, the officers will be governed by civil rules for service pension, whereas for disability and family pension, Army Instructions No. 64 of 1976 is applicable.

23) The respondents were holders of Temporary Commission only to fa-

26) We, thus, hold that the persons such as the respondent and the intervenors on deputation to APS from Department of Posts are not entitled to the benefit of OROP. Therefore, the order of the Tribunal is not sustainable in law and hence set aside. The appeal is allowed.

NOVEMBER 05, 2019.