Central Administrative Tribunal - Kolkata
Murari Mohan Mondal vs Eastern Railway on 13 September, 2023
} oa, TSO, G0248 2023 CEN! TR AL ADMINISTRATIVE TRIBUNAL KOLWATA BENCH, KOLBATA No, OLA. 350 /00248 (2023 Heard on: 17.07.2025 Date ofarder: [45 @ QoL? Present: Hon'ble Mr. Anindo Majumdar, Administrative Member 1. Murari Mohan Mandal, aged about 58 years, son of Late Balaram Mondal, residing at Village - Benapur (North), Pest Office ~ Benapur Chancdanapara, Police Station - Bagman, Dhistrict - towne' Pins 7 LIS Phone - U8 oe GS3867 1, Bema id ¢ gargirey?* emailcom 2. Swapan Rumer Dey, aged about 7S years, son of Late BDhirendra Nath Dey, residing at C/O. Rinku Bose, 18, Dr SB. Mukherjee Street, Post Office ~ Kanrecar, Police Station ~ Uttarpara, District -- Hooghly, Pin - F122. . Phone ~ G432457690. -- oN, . Suedipfa Ganguly, aged about 74 years, wife of Late Homangshu Ganguly, residing at 26/8, BPP Road, Sayus Shristi Naktala, Police Station - Netayi Nagar, Rolkkata ~ OOO, Phone ~ GQ7S96387 5. 4+. Meomata Che kraborty, aged aboul 69 years, wife of Dilip Kumar Chakrabarty, residing at 2/4, Pathak Pars Road, Post Ojfice and Police Station ~- Parnashree Pally, Kolkata ~ FOOO6O, Phone - 9 DOms2088 L, S. Keartick Chandra Nayek, aged about 74 years, sor af Late SS, } residing at Village - Jana Post Office - Jariat, a. By oO 2 0.4. 350.00248.2023 Police Station - Chanditala, District - Hooghly, Pin -- 712304, Phone - 9830168521. 6. Smt. Manju Manna, aged about 66 years legal heir of Nanda Kumar Manna residing at Dayal Banerjee Road, Police Station - Shibpur, District Howrah, Pin - 711102, Phone - 9432414718. 7. Jitendra Nath Chakraborty, aged about 68 years, son of Late Jatindra Nath Chakraborty, residing at Purba Putiyari, South Para, Police Station - Regent Park, District - South 24 Parganas, Kolkata - 700093, Phone - 9330960074. 8. Ananda Bala, aged about 66 years, son of Late Hare Krishna Bala, residing at Kamrabad Jhil Park, Sonarpur, District : South 24 Parganas, Kolkata - 700150, Phone - 9477482475. 9. Rabindra Math Golder, aged about 61 years, son of Late Raghunath Golder, residing at Ramkrishna Pally, Tegharia North, Dasanipara, Rajpur Sonarpur, Sonarpur, South 24 Parganas, Kolkata - 700150, Phone - 8334878653. All the Petitioners employed as record keeper / Peon (now retired) from service. beeen Applicants - VERSUS- 1. Union of India, Service through the General Manager, Eastern Railway, 17, N.S. Road, Fairlie Place, Kolkata - 700001. 2. The Principal Chief Personnel Officer, Eastern Railway, 17, N.S. Road, Fairlie Place, i 3 o.a. 350.00248.2023 Kolkata - 700001. 3. The Principal Chief Administrative Officer / Chief Administrative Officer, Eastern Railway, 17, N.S. Road, Fairlie Place, Kolkata - 700001. 4, The Deputy Chief Personnel Officer, Eastern Railway, 17, N.S. Road, - Fairlie Place, Kolkata - 700001. 5. The Senior Personnel Officer, Eastern Railway, 17, N.S. Road, Fairlie Place, Kolkata - 700001. bees Respondents For the Applicant : Mr. B.P. Manna, Counsel Ms. G. Roy, Counsel Mr. S.K. De, Counsel For the Respondents : Mr. P.N. Sharma, Counsel ORDER
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 seeking following relief:-
"(i) Direct the Respondents to quash and set aside the order dated
02.11.2022 being Annexure Al.
(11) Count the 50% of the casual service which before attaining the temporary status as qualifying service for the purpose of calculating pension and pensionary benefits.
(iii) | Re-fix the pension and pensionary benefits and pay the arrear with suitable interests.
(iv) All the petitioners are similarly situated and allow the petitioners to file the original application jointly under Rule 4(5)(a) of CAT Procedure Rule 1897.
(v) Certify and transmit the entire records and papers pertaining to the applicant's case so that after the causes shown there of conscionable justice may be done unto the applicant by way of grant of relief as prayed for in (a) to, above.
(vi) Any further order/orders and/or direction or directions as to your Lordships may deem fit and proper.
(vii). Costs."
Vous, oO 4 0.4, 350.00248.2023
2. This Original Application pertains to pensionary benefits. In accordance with the orders of Chairman, CAT dated 10.9.2021, issued under sub-Section (6) of Section 5 of the Administrative Tribunals Act, 1985, this O.A. can be taken up by a Bench consisting of a Single Member. Accordingly, this case is taken up for disposal by the Single Bench.
3. The submissions of the applicants are summarized below:-
3.1. They (the applicants, nine in number), were initially engaged as Casual Labourers and were subsequently granted temporary status and were thereafter regularized against permanent posts. All the applicants have retired from Railway Service on attaining the age of superannuation.
3.2. They have been paid their settlement dues and are getting pension in terms of CPO/ER Srl. Circular No. 194/86 and 248/19 after counting 50% of the service after attaining temporary status from the stage of being casual labour and 100% of service after regularization. The applicants have cited the judgment of the Hon'ble Apex Court dated 24.3.2017.
4. The respondents have filed their reply and have submitted as under:-
4.1. The applicants were initially engaged as Casual Labourers, who were subsequently granted temporary status and thereafter regularized against permanent posts.
4.2. All of them had retired from Railway' service on superannuation.
4.3. The applicants have been paid settlement dues and: were drawing pension. As per rules, 50% of their service after they had attained temporary status and 100% of service after they were Nu.
5 0.a. 350.00248.2023 regularized has been taken into account as qualifying service for pensionary purpose. Their service as Casual Labour prior to their attainment of temporary status has not been taken into account for grant of pensionary benefits in accordance with Railway Board's O.M. No. E(NG)11/2017/ECR/CL/4-New Delhi dated 15.11.2019. 4.4. The applicants filed their representation as directed by this Tribunal vide its order dated 19.7.2022 and these representations have been disposed of vide order dated 21.10.22.
4.5. As per Rule 2005 of IREM, Casual Labour are eligible to count only half of the period of service rendered by them after attaining temporary status before their regular absorption as qualifying service for the purpose of pensionary benefits. Further, the benefits will be admissible only after their absorption in regular posts.
4.6. Further, as per Para 20 of the Master Circular only half of the period of Casual labourer after attainment of temporary status counts for pensionary benefits, if it is followed by absorption in service as a regular employee.
4.7. In the instant case, applicant No. 1 to 8 obtained temporary status on 1.10.1981 while applicant number 9 attained temporary status on 1.1.1984. In terms of the existing rules 50% of the service following the attainment of temporary status and before their absorption as regular Railway employees was taken into account of all the applicants for grant of pensionary benefits.
4.8. In the judgment referred by the applicants in Union of India & ors. v. Rakesh Kumar reported in (2018) 1 SCC (L&S) 51, the Hon'ble Apex Court has set aside the impugned judgment of Delhi High Court dated 10.11.2014.
Ni OO 6 0.a. 350.00248.2023 4.9. The Railway Board has framed its policy on the subject matter vide its O.M. dated 15.11.2019 which is reproduced below:-
"As per the extant/settled practice and _ various rules/circulars of the Railway while 50% of the service after attaining temporary status by casual labour and 100% of service after regularization (taking charge of a regular post} are admissible for counting of pensionary benefits under the present NPS Regime. No part of casual service prior to attainment of temporary status has been counted for pensionary benefits. A catena of Railway rules make this position clear and explicit. These include Railway Board's instructions to all Railways dated 14.10.1980 and Para 2005
(a) of the Indian Railways Establishment Manual (Vol. IJ) Rule 14 and Rule 20 of the Railway service (Pension) Rules also are in consonance with this."
4.10 The implementation of order dated 21.1.2016 passed by this Tribunal in O.A. No. 1472 of 2015 was done probably to avoid the wrath of the said Tribunal. However, an illegality cannot be perpetuated further because it has been committed in other cases.
o. Ihave heard Ld. Counsel for the parties and have examined the material on record.
6, 50% of the period of service of the applicants after they attained temporary status and before they were regularized has already been counted as qualifying service for determining their pensionary benefits. The only issue that needs to be decided is whether or not 50% of the period of service of the applicants as Casual Labour before they attained temporary status can in addition be also counted as qualifying service for determining their pensionary benefits.
7. The Union of India & ors. v. Rakesh Kumar (supra) in para 53.1 has held as under:-
laceee The Casual worker after obtaining temporary status is entitled to reckon 50% of his services till he is regularized on a regular/temporary post for the purposes of calculation of pension. And 53.02...... The casual worker before obtaining the temporary status is also entitled to reckon 50% of casual service for the purposes of pension."
aan a) . 7 0.a. 350.00248.2023 This judgment of the Hon'ble Apex Court has amended the order passed in SLP No. 20041/2008 (Union of India & ors. v. Sarju).
8. I find that the Principal Chief Personnel Officer, South Eastern Railway vide Office Order dated 11.9.2018, has also ordered for counting 50% service rendered as a Casual Labour before grant of temporary status for pension purposes in compliance with the judgment of the Hon'ble Apex Court in Union of India & ors. v. Rakesh Kumar (supra).
9. Further, the Metro Railway, Kolkata has also implemented the judgment of the Hon'ble Apex Court in Union of India & ors. v. Rakesh | | Kumar (supra) and has allowed 50% of Casual service before attaining temporary service as qualifying service for pensionary benefits.
10. All the Zonal Railways are part of the Indian Railways. While some of the Zonal Railways have implemented the judgment of the Hon'ble. Apex Court in Union of India & ors. v. Rakesh Kumar (supra), Eastern Railway has apparently not implemented the said judgment for all such employees. It would, therefore, not be proper if similarly placed Casual Labourers in Eastern Railway are not allowed to count 50% of the Casual | service rendered by them before attaining temporary status and before their regularization for determination of their pensionary benefits. Indeed, this would be discriminatory towards similarly placed Casual Labourers employed with Eastern Railway.
I am also of the view that the Railway Board's order dated 15.11.2019 cannot supersede the judicial pronouncement of the Hon'ble Apex Court.
11. In view of the above discussion, the respondents are directed to take into account 50% of the service rendered by the applicants as Casual Labour prior to their attaining of temporary status and before their regularization for determining their pensionary benefits.
8 oi S50. 00248, 2023 This exercise may be completed within a period of 8 weeks from the date of receipt of a certified copy of this order.
19. 'The O.A. is disposed of accordingly, There shall be no order as to f ean costs.
fAnindo Majumdar} Administrative Member 'sp