Central Administrative Tribunal - Delhi
Shri Jaipal Singh vs The Union Of India on 13 March, 2015
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH O.A.NO.1255 OF 2013 New Delhi, this the 13th day of March, 2015 CORAM: HONBLE SHRI ASHOK KUMAR, ADMINISTRATIVE MEMBER AND HONBLE SHRI RAJ VIR SHARMA, JUDICIAL MEMBER Shri Jaipal Singh, Aged about 61 years, s/o late Shri Kude, superannuated w.e.f. 31.8.2011 on attaining age of 60 years while last posted as CLTS against the sanctioned/regular post of Farm Beldar in the erstwhile Gp.D cadre in EBS Babugarh Cantt R/o Village Atuta Post, Babugarh Cantt Distt.Hapur (UP) .. Applicant (By Advocate : Shri V.P.S.Tyagi) Vs. 1. The Union of India, through Secretary, Ministry of Defence, South Block, New Delhi. 2. The Director General of RVS(RV-1), QMGs Branch AHQ, IHQ of MOD (Army), West Block III, R.K.Puram, New Delhi. 3. The Controller General of Defence Accounts (CGDA), Ulan Batar Marg, Palam,Delhi Cantt 4. The CDA (Army), Belvadier Complex, Meerut Cantt (UP) 5. The Commandant, Equine Breeding Stud, Babugarh Cantt. Dist.Ghaziabad (UP) . Respondents (By Advoate: Shri D.S.Mahendru) ORDER Raj Vir Sharma, Member(J):
Brief facts of the applicants case, as projected in the O.A., are as follows:
1.1 In the year 1971 he had been engaged as a casual labourer by respondent no.5 on daily wage basis. He had been conferred temporary status with effect from 1.7.1996. While working as a casual labourer with temporary status, he retired on 31.8.2011 on attaining the age of superannuation.
1.2 The applicant had filed OA No.2259 of 2011, which, along with other connected O.As., had been allowed by the Tribunal, vide a common order dated 14.10.2011. The Tribunal had quashed the orders dated 11.4.2011 impugned in those O.As. and directed the respondents to issue necessary orders granting all consequential benefits to the applicant. Alleging non-compliance of the Tribunals order, the applicant had filed C.P.No.372 of 2012. The Tribunal had disposed of the said C.P., vide order dated 15.5.2012, with the following observation and direction:
2. It is seen that after the aforesaid order has been passed, the applicant has made a representation on 05.04.2012 and after going through the same, the respondents have also passed an order in reply to the said representation vide their letter dated 18.4.2012. On perusal of the aforesaid representation and the reply, we consider that the petitioner has not made a proper representation listing out all the consequential benefits which he would be expecting from the aforesaid order of this Tribunal dated 14.10.2012. We, therefore, give another opportunity to the petitioner to make a fresh detailed representation listing all his claims as early as possible. On receipt on the same, the respondents shall consider the same one by one and pass reasoned and speaking order under intimation to him. In terms of the aforesaid directions, this Contempt Petition is disposed of. However, if the petitioner is still not satisfied, he is at liberty to challenge the order to be passed by the Respondents through appropriate proceedings. 1.3 In compliance with the Tribunals order dated 15.5.2012, the applicant made representations, and the respondent no.5 issued a speaking order dated 1.10.2012 (Annexure A/1). Thereafter, the applicant served a legal notice dated 29.11.2012 on the departmental authorities calling upon them to take appropriate decision for payment of other legitimate dues, namely, arrears of pay and allowances on the basis of Grade Pay of Rs.1800/-, gratuity, and leave encashment, etc.. In reply thereto, respondent no.5, vide letter dated 12.12.2012, informed the applicant that all consequential benefits were already paid to him and that the gratuity would be paid to him.
1.4 Thus, the applicant filed the present O.A. seeking the following reliefs:
(a) Direct the Respondents correctly work out the arrears of the pro rata wages by accord of and Switching over to fixation of Applicants Pay by grant of (PB 1) in the Pay Scale of Rs.5200-20200 with grade pay of Rs.1800/- by also making payment of interest @ 12% p.a. at simple rate of interest on the entire arrears so worked out from the date it fell due i.e. w.e.f. 1.7.1996 to 31.8.2011 till finally paid by inclusion of the amount paid on 19.11.2011.
(b) Direction may also be given to the Respondents to compute the arrears of Paid Weekly Off from the year 1980 on the analogy of the decision of this Honble Tribunal in Chetan Case along with payment of interest @ 12% p.a. by inclusion of amount left over from 1980 till 30.6.1996 and the amount paid on 19.11.2011 on a/c of arrears of the same worked out w.e.f. 1.7.96 to 31.8.2011 based on the misconception of applicability only on conferment of Temporary Status.
(c) Issue direction to make payment of the Ad hoc Bonus as is applicable to Casual Workers in terms of the Govt. instructions on the subject.
(d) Direct the respondents specifically respondent No.2 & 3 to expedite releasing of the service gratuity to the applicant on his superannuation is admitted on his superannuation is submitted to other similarly circumstanced workers which had became entitled in identical situation and were paid as the same fell due to be paid on 1.9.2011 along with 12% interest till date it is paid.
(e) Direct the respondents to make payment of leave encashment of the amount of leave accumulated to the extent of 300 days (310 days Leave was at the credit of Applicant on 31.8.2011) which also need be paid at 12 % p.a. simple interest from the date fell due till it is paid.
2. The respondents have filed two counter replies. In their counter replies, the respondents have, inter alia, stated that the O.M. dated 23.1.2012 was issued after the applicant retired on 31.8.2011 as a casual labourer with temporary status on attaining the age of superannuation, and that the applicant, having not undergone the requisite training during his service period, was not entitled to Grade Pay of Rs.1800/-. In compliance with the Tribunals orders passed in OA Nos.1109 of 2009 and 2259 of 2011, the following payments were made to the applicant:
Sl.no.
Particulars of dues Amount paid (Rs.) Date of payment 1 Arrear of Pay & Allowances w.e.f. 01.07.1996 to 31.08.2011 63,855/-
29.12.2011 2 Arrear of paid weekly off w.e.f. 01.07.1996 to 31.8.2011 25,337/-
19.12.2011 3 Arrear of HRA & TPTL for the period w.e.f. 1.1.2006 to 31.8.2008 6,032/-
18.8.2012 4 Gratuity 95,274/-
20.2.2013 The respondents have also stated that as per the DoP&Ts O.M. dated 10.9.1993, the applicant is not entitled to the benefits of encashment of leave.
3. Refuting the stand taken by the respondents, the applicant has filed a rejoinder reply, wherein, besides reiterating more or less same averments and contentions as in the O.A., it has been stated that he had been imparted the requisite training for the purpose of treating the non-matriculate workers at par with matriculate by issuance of letter dated 30.4.2012 and therefore, he was entitled to the Grade Pay of Rs.1800/-.
4. We have perused the pleadings and have heard the learned counsel appearing for the parties.
5. Before proceeding to consider the rival contentions of the parties, it would be necessary to refer to the DoP&Ts O.M. dated 7.6.1988 and O.M. dated 10.9.1993 which read thus:
(i) DoP&Ts O.M.No.49014/2/86-Estt.(C ) dated 7th June, 1988:
Subject: Recruitment of casual workers and persons on daily wages -Review of policy.
The policy regarding engagement of casual workers in Central Government offices has been reviewed by Government keeping in view the judgment of the Supreme Court delivered on the 17th January, 1986 in the Writ Petition filed by Shri Surinder Singh and others vs. Union of India and it has been decided to lay down the following guidelines in the matter of recruitment of casual workers on daily wage basis:-
i) Persons on daily wages should not be recruited for work of regular nature.
ii) Recruitment of daily wagers may be made only for work which is casual or seasonal or intermittent nature or for work which is not of full time nature, for which regular posts cannot be created.
iii) The work presently being done by regular staff should be reassessed by the administrative Departments concerned for output and productivity so that the work being done by the casual workers could be entrusted to the regular employees. The Departments may also review the norms of staff for regular work and take steps to get them revised. If considered necessary.
iv) Where the nature of work entrusted to the casual workers and regular employees is the same, the casual workers may be paid at the rate of 1/30th of the pay at the minimum of the relevant pay scale plus dearness allowance for work of 8 hours a day.
v) In cases where the work done by a casual worker is different from the work done by a regular employee, the casual worker may be paid only the minimum wages notified by the Ministry of Labour or the State Government/Union Territory Administration, whichever is higher, as per the Minimum Wages Act, 1948. However, if a Department is already paying daily wages at a higher rate, the practice could be continued with the approval of its Financial Adviser.
vi) The casual workers may be given one paid weekly off after six days of continuous work.
vii) The payment to the casual workers may be restricted only to the days on which they actually perform duty under the Government with a paid weekly off as mentioned at (vi) above. They will, however, in addition, be paid for a National Holiday, if it falls on a working day for the casual workers.
viii) In cases where it is not possible to entrust all the items of work now being handled by the casual workers to the existing regular staff, additional regular posts may be created to the barest minimum necessary, with the concurrence of the Ministry of Finance.
ix) Where work of more than one type is to be performed throughout the year but each type of work does not justify a separate regular employee, a multifunctional post may be created for handling those items of work with the concurrence of the Ministry of Finance.
x) The regularisation of the services of the casual workers will continue to be governed by the instructions issued by this Department in this regard. While considering such regularisation, a casual worker may be given relaxation in the upper age limit only if at the time of initial recruitment as a casual worker, he had not crossed the upper age limit for the relevant post.
xi) If a Department wants to make any departure from the above guidelines, it should obtain the prior concurrence of the Ministry of Finance and the Department of Personnel and Training. All the administrative Ministries /Deptts. should undertake a review of appointment of casual workers in the offices under their control on a time-bound basis so that at the end of the prescribed period, the following targets are achieved:-
a) All eligible casual workers are adjusted against regular posts to the extent such regular posts are justified.
b) The rest of the casual workers not covered by (a) above and whose retention is considered absolutely necessary and is in accordance with the guidelines, are paid emoluments strictly in accordance with the guidelines .
c) The remaining casual workers not covered by (a) and (b) above are discharged from service.
2. The following time limit for completing the review has been prescribed in respect of the various Ministries/Deptts:-
a) Ministry of Railways 2 Years b) Department of Posts, Department of 1 Year Telecommunications and Department of Defence Production c) All other Ministries / Deptts./Offices 6 months (ii) DoP&Ts O.M No.51016/2/90-Estt.(C ) dated 10.9.1993:
Subject: Grant of temporary status and regularization of Casual workers - formulation of a scheme in pursuance of the CAT, Principal Bench, New Delhi, judgment dated 16th Feb. 1990 in the case of Shri Raj Kamal & others Vs. U.O.I. The guidelines in the matter of recruitment of persons on daily wage basis in Central Government offices were issued vide this Departments O.M. No.49014/2/86-Estt. ( C) dated 7.6.198. The policy has further been reviewed in the light of the judgment of the C.A.T., Principal Bench, New Delhi, delivered on 16.2.90 in the writ petition filed by Shri Raj Kamal and others vs. Union of India and it has been decided that while the existing guidelines contained in O.M. dated 7.6.88 may continue to be followed, the grant of temporary status to the casual employees, who are presently employed and have rendered one year of continuous service in Central Government offices other than Department of Telecom, Posts and Railways may be regulated by the scheme as appended.
2. Ministry of Finance, etc. are requested to bring the scheme to the notice of appointing authorities under their administrative control and ensure that recruitment of casual employees is done in accordance with the guidelines contained in O.M. dated 7.6.88. Cases of negligence should be viewed seriously and brought to the notice of appropriate authorities for taking prompt and suitable action. Department of Personnel & Training, Casual Labourers (Grant of Temporary Status and Regularization) Scheme:
1. This scheme shall be called "Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of Government of India, 1993."
2. This Scheme will come into force w. e. f. 1.9.1993.
3. This scheme is applicable to casual labourers in employment of the Ministries/Departments of Government of India and their attached and subordinate offices, on the date of issue of these orders. But it shall not be applicable to casual workers in Railways, Department of Telecommunication and Department of Posts who already have their own schemes.
4. Temporary Status
(i) Temporary status would be conferred on all casual labourers who are in employment on the date of issue of this OM and who have rendered a continuous service of at least one year, which means that they must have been engaged for a period of at least 240 days (206 days in the case of offices observing 5 days week).
(ii) Such conferment of temporary status would be without reference to the creation/availability of regular Group `D posts.
(iii) Conferment of temporary status on a casual labourer would not involve any change in his duties and responsibilities. The engagement will be on daily rates of pay on need basis. He may be deployed anywhere within the recruitment unit/territorial circle on the basis of availability of work.
(iv) Such casual labourers who acquire temporary status will not, however, be brought on to the permanent establishment unless they are selected through regular selection process for Group `D posts.
5. Temporary status would entitle the casual labourers to the following benefits:-
I) Wages at daily rates with reference to the minimum of the pay scale for a corresponding regular Group `D official including DA, HRA and CCA.
II) Benefits of increments at the same rate as applicable to a Group `D employee would be taken into account for calculating pro-rata wages for every one year of service subject to performance of duty for at least 240 days, 206 days in administrative offices observing 5 days week) in the year from the date of conferment of temporary status.
III) Leave entitlement will be on a pro-rata basis at the rate of one day for every 10 days of work. Casual or any other kind of leave, except maternity leave, will not be admissible. They will also be allowed to carry forward the leave at their credit on their regularisation. They will not be entitled to the benefits of encashment of leave on termination of service for any reason or on their quitting service.
IV) Maternity leave to lady casual labourers as admissible to regular Group `D employees will be allowed.
V) 50% of the service rendered under temporary status would be counted for the purpose of retirement benefits after their regularisation.
VI) After rendering three years continuous service after conferment of temporary status, the casual labourers would be treated on par with temporary Group `D employees for the purpose of contribution to the General Provident Fund, and would also further be eligible for the grant of Festival Advance/Flood Advance on the same conditions as are applicable to temporary Group `D employees, provided they furnish two sureties from permanent Government servants of their Department.
VII) Until they are regularized, they would be entitled to Productivity Linked Bonus/ Ad hoc bonus only at the rates as applicable to casual labourers.
6. No benefits other than those specified above will be admissible to casual labourers with temporary status. However, if any additional benefits are admissible to casual workers working in Industrial establishments in view of provisions of Industrial Disputes Act, they shall continue to be admissible to such casual labourers.
7. Despite conferment of temporary status, the services of a casual labourer may be dispensed with by giving a notice of one month in writing. A casual labourer with temporary status can also quit service by giving a written notice of one month. The wages for the notice period will be payable only for the days on which such casual worker is engaged on work.
8. Procedure for filling up of Group D posts I) Two out of every three vacancies in Group D cadres in respective offices where the casual labourers have been working would be filled up as per extant recruitment rules and in accordance with the instructions issued by Department of Personnel & Training from amongst casual workers with temporary status. However, regular Group D staff rendered surplus for any reason will have prior claim for absorption against existing vacancies. In case of illiterate casual labourers or those who fail to fulfill the minimum qualification prescribed for post regularization will be considered only against those posts in respect of which literacy or lack of minimum qualification will not be a requisite qualification. They would be allowed any relaxation equivalent to the period for which they have worked continuously as casual labourer.
9. On regularization of casual worker with temporary status, no substitute in his place will be appointed, as he was not holding any post. Violation of this should be viewed very seriously and attention of the appropriate authorities should be drawn to such cases for suitable disciplinary action against the officers violating these instructions.
10. In future the guidelines as contained in this Departments O.M. dated 7.6.88 should be followed strictly in the matter of engagement of casual employees in Central Government Offices.
11. Department of Personnel & Training will have the power to make amendments or relax any of the provision in the scheme that may be considered necessary from time to time.
6. Admittedly, on 29.12.2011, the applicant was paid Rs.63,855/- towards arrears of wages with effect from 1.7.1996 to 31.8.2011, i.e., the date of his retirement. It is the applicants claim that his wages ought to have been fixed by the respondent-departmental authorities on the basis of the Grade Pay of Rs.1800/- with effect from 1.1.2006.
6.1 As per paragraph 5(I) of the Scheme appended to the DoP&Ts O.M. dated 10.9.1993, casual labourers with temporary status are entitled to wages at daily rates with reference to the minimum of the pay scale for a corresponding regular Group D official including DA, HRA and CCA. Prior to 1.1.2006, with effect from which date the 6th CPC pay band of Rs.1800/- was introduced, the 5th CPC pay scale for a regular Group D post was Rs.2550-55-2600-60-3200/-. The said 5th CPC pay scale of Rs.2550-55-2600-60-3200/- was revised to 6th CPC PB 1 with Grade Pay of Rs.1300/-. As per the recommendations of the 6th Central Pay Commission, the 5th CPC pay scales, namely, Rs.2550-55-2600-60-3200/-, Rs.2610-55-2600-60-3159-3540/-, Rs.2610-60-2910-65-3300-70-4000/, and Rs.2650-65-3300-70-4000/- granted to different categories of Group D employees were merged and replaced by 6th CPC PB 1 with Grade Pay of Rs.1800/- with effect from 1.1.2006, which was applicable to matriculate Group D employees. The other non-matriculate Group D employees became entitled to the said Grade Pay of Rs.1800/- only after they were imparted the required training by the concerned Department. All the matriculate Group D employees as well as the trained non-matriculate Group D employees were to be redesignated as MTS (Group C) and placed in PB 1 with GP of Rs.1800/-. Therefore, the applicant is not correct to say that the 5th CPC pay scale for a regular Group D employee was revised to PB 1 with GP of Rs.1800/- with effect from 1.1.2006 and his wages were to be revised on the basis of the GP of Rs.1800/- with effect from 1.1.2006.
6.2 Here, it would be apposite to quote the relevant portion of the O.M. dated 23.1.2012 issued by the Department of Personnel & Training as follows:
Subject: Recommendations of 6th Central Pay Commission-Applicability of revised Group D pay scales to Casual Labourers with Temporary status.
In supersession of this Departments O.M. of even number dated 12.9.2008 on the above subject it has been decided that the wages of Casual Labourers, who were granted the temporary status in terms of the provisions of the Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 1993 issued by this Department and were in receipt of wages based on the pre-revised S-1 scale as on 1.1.2006 may be worked out and paid on the basis of the Pay Band 1 with Grade Pay of Rs.1800/- w.e.f. 1.1.2006 provided that are matriculate. In case of similarly placed non-matriculate temporary status casual labourers, the above benefit of wages w.e.f. 1.1.2006 may be extended only after imparting the requisite training by the respective administrative Ministries/Departments on the lines indicated in the MOF O.M.No.1/1/2008-IC. 6.3 Admittedly, the applicant was a non-matriculate casual labourer with temporary status and had retired on 31.8.2011 on attaining the age of superannuation. By the time the O.M. dated 23.1.2012 was issued by the Department of Personnel & Training, the applicant had already retired. Therefore, we are not inclined to accept the applicants plea that he had been imparted the requisite training so as to be entitled to be paid the pro rata wages based on the Grade Pay of Rs.1800/-. As a consequence, we do not find anything wrong on the part of the respondents in determining the arrears of wages and allowances at Rs.63,855/- on the basis of Grade Pay of Rs.1300/- with effect from 1.1.2006 and paying the same to the applicant. In consideration of the fact that OA No.2259 of 2011 filed by the applicant regarding grant of temporary status to him was finally decided by the Tribunal on 14.10.2011, we are not inclined to accept the applicants prayer for directing the respondents to grant interest on the arrears of wages and allowances which have already been paid to him.
7. The other grievance of the applicant is that he has not been paid arrears of Paid Weekly Off from the year 1980 to 30.6.1996 in accordance with the DoP&Ts O.M. dated 7.6.1988. Paragraph 1(vi) of the DoP&Ts O.M. dated 7.6.1988 ibid stipulates that casual workers may be given one Paid Weekly Off after six days of continuous work. It has not been stated in the DoP&Ts O.M. dated 7.6.1988 that the provision regarding Paid Weekly Off would have retrospective application. Therefore, it is inferred that casual workers are entitled to Paid Weekly Off after six days of continuous work with effect from 7.6.1988. In Sh.Chetan, etc. vs. Union of India and others, OA No.3222 of 2011 and O.A.No.411 of 2012, decided on 21.9.2012, which was relied on by the applicant, the applicant in OA No.3222 of 2011 had admittedly been engaged as a daily wager in the year 1980. His services had been regularized with effect from 16.9.1993. He had never been conferred temporary status before regularization of his services. The respondents had rejected his claim for being paid arrears of paid weekly off on the plea that the DoP&Ts OM dated 7.6.1988 was applicable only to casual workers, and that the applicant was not a casual worker. So far as OA No.411 of 2012 is concerned, the applicants grievance was that the respondents had not made payment of arrears to them on account of paid weekly off during the period of his working as a casual worker in accordance with the DoP&Ts O.M. dated 7.6.1988. The Tribunal dismissed OA No.411 of 2012 as being barred by res judicata. As regards OA No.3222 of 2011, the Tribunal held thus:
19. We have considered the submissions made by the applicant and the Annexure A-1 letter of the respondents dated 13.3.2011. We have also considered the reply filed by the respondents. The admitted position by the respondents themselves is that he was working as a daily wager/ casual worker with them with effect from 1980. He has already been regularized w.e.f. 16.9.1993 which was before the actual implementation of the Casual Labourers (Grant of Temporary Status and Regularization) Scheme of Govt. of India 1993 even though the said scheme came into force w.e.f. 1.9.1993. However, their contention is that the DOP&Ts OM dated 7.6.1988 is applicable only to casual workers. The aforesaid stand taken by respondents is quite fallacious and against the facts. There is no difference between terms casual wager/ casual worker and casual worker as envisaged in DOPTs OM dated 7.6.1988. The subject of the said OM itself is Recruitment of Casual Workers and persons on daily wages - Review of Policy. In fact, the designation given to the applicant as casual wager/casual worker is the respondents own coinage in order to frustrate his claims in this OA. It is true that the applicant was not given the temporary status but he was straightway regularized in service w.e.f. 16.9.1993 on the basis of the relaxation given for regularization of casual labourers engaged in terms of the OM dated 7.6.1988, as provided in DOPTs subsequent OM dated 8.4.1991. Hence he was entitled for paid weekly off and paid National Holiday for the admitted period of his engagement from 1980 to 16.9.1993 which has not been paid to him. Therefore, the respondents are bound to pay the amount on account of them.
7.1 In Smt. Murti v. Union of India and others, O.A.No.3870 of 2013, decided on 121.11.2014, the Tribunal, after taking note of its earlier decisions in Vijay Pal & others vs. Union of India and others, OA No.1046 of 2007, decided on 23.10.2007; Sh.Naresh, etc. vs. The Union of India and others, OA Nos. 3639 to 3641 of 2009, decided on 30.4.2010; and Smt. Jasoda & others vs. Union of India and others, OA No.1336 of 2012, decided on 21.11.2013, and the provisions contained in the DoP&Ts O.Ms. dated 7.6.1988 and 10.9.1993 (supra), observed that in none of the said cases, the question of entitlement, or otherwise, of casual labourers with temporary status to be given paid weekly off was specifically examined, nor was any positive finding thereon returned by the Tribunal. It was also not specifically held by the Tribunal that casual labourers with temporary status are entitled to Paid Weekly Off in terms of the DoP&Ts O.M. dated 7.6.1988 although paragraph 6 of the DoP&Ts O.M. dated 10.9.1993 stipulated that no benefits other than those specified in paragraph 5 of the said O.M. would be admissible to casual labourers with temporary status. Accordingly, in Smt. Murtis case (supra), the Tribunal held that the applicant was not entitled to arrears for Paid Weekly Off during the period of her working as a casual laboruers with temporary status.
7.2 In the above view of the matter, we direct the respondents to determine the arrears of Paid Weekly Off payable to the applicant during the period of his working as casual worker, i.e., from 7.6.1988 to 30.6.1996 strictly in accordance with paragraph 1(vi) of the DoP&Ts O.M. dated 7.6.1988 and adjust the same against the arrear amount of Rs.25,337/-already paid to the applicant towards the Paid Week Off pertaining to the period of his working as casual labouer with temporary status, i.e., from 1.7.1996 to 31.8.2011. If any balance amount still remains to be paid, then the respondents shall pay the same to the applicant. In case it is found that overpayment has already been made, the respondents shall be at liberty to recover the same from the applicant or adjust the same against any other dues payable to the applicant.
8. As regards his claim for payment of ad hoc bonus, the applicant has not produced before this Tribunal any material showing as to from which date casual labourers or casual labourers with temporary status are entitled to ad hoc bonus. Paragraph 5 (VII) of the DoP&Ts O.M. dated 10.9.1993 ibid stipulates that until the casual labourers with temporary status are regularized, they would be entitled to Productivity Linked Bonus/Ad hoc bonus only at the rates as applicable to casual labourers. The DoP&Ts O.M. dated 7.6.1988 ibid does not specifically provide for payment of Productivity Linked Bonus/Ad hoc bonus to casual workers. The applicant has also not produced before this Tribunal any material showing that Productivity Linked Bonus/Ad hoc Bonus is payable to casual workers and as to from which date the same is payable to them. The respondents have also not revealed in their pleadings as to whether or not they have considered the applicants claim for payment of ad hoc bonus and whether any ad hoc bonus, as claimed by the applicant in the present O.A., has been paid to the applicant. However, in the light of Paragraph 5(VII) of the DoP&Ts O.M. dated 10.9.1993 ibid, we are of the view that the applicant has to be paid arrears of Ad hoc bonus which fell due during the period from 1.7.1996 to 31.8.2011 at the same rate as applicable to casual labourers. Accordingly, the respondents shall determine the arrear amount of ad hoc bonus and pay the same to the applicant.
9. Admittedly, the applicant retired on 31.8.2011 on attaining the age of superannuation, and service gratuity amounting to Rs.95,274/- was paid to him on 20.2.2013, i.e., after about one and a half years of his retirement. The respondents have not explained the delay in payment of the service gratuity. In the Government of India, Department of Pension and Pensioners Welfares O.M. No.F.7/1/93-P & PW (F), dated 25.8.1994, it has been decided that where the payment of DCRG has been delayed beyond three months from the date of retirement, an interest at the rate applicable to GPF deposits will be paid to retired/dependants of the deceased Government servants. Therefore, we direct the respondents to pay interest @ 8% per annum on the service gratuity of Rs.95,274/- for the period from 1.12.2011 to 20.2.2013.
10. As regards the applicants grievance of non-payment of benefits of leave encashment, the respondents have contended that the applicant is not entitled to the benefits of leave encashment. In support of their contention, the respondents have referred to paragraph 5(III) of the DoP&Ts O.M. dated 10.9.1993 wherein it has, inter alia, been stipulated that casual labourers with temporary status will not be entitled to the benefits of encashment of leave on termination of service for any reason or on their quitting service. We are not inclined to accept the contention of the respondents inasmuch as the applicant retired on 31.8.2011 on attaining the age of superannuation and, therefore, neither his service can be said to have been terminated, nor can he be said to have quitted his service on 31.8.2011. Rule 39(2)(a) of the CCS (Leave)Rules, 1972 stipulates that where a Government servant retires on attaining the normal age prescribed for retirement under the terms and conditions governing his service, the authority competent to grant leave shall, suo motu, issue an order granting cash equivalent of leave salary for both earned leave and half pay leave, if any, at the credit of the Government servant on the date of his retirement subject to a maximum of 300 days. The respondents have not produced before this Tribunal any material or executive instruction issued by the Government of India laying down that benefits of leave encashment are not admissible to casual labourers with temporary status. Therefore, we are of the considered view that the applicant is entitled to be paid benefits of leave encashment on his retirement from service as casual labourers with temporary status. Though the applicant has claimed to have more than 300 days of leave available in his leave account, yet no document has been produced by him in support of his aforesaid plea. Accordingly, the respondents are directed to determine the benefits of leave encashment of the applicant as per the leave account and pay the same with interest at 8% per annum for the period from 31.8.2011 till the date of actual payment.
11. In the light of the above discussions, we partly allow the O.A. and direct the respondents to comply with the directions given in paragraphs 7.2 and 8 to 10 of this order within a period of three months from today. No order as to costs.
(RAJ VIR SHARMA) (ASHOK KUMAR) JUDICIAL MEMBER ADMINISTRATIVE MEMBER AN