Central Administrative Tribunal - Delhi
Satbir Singh vs Council Of Scientific And Industrial ... on 6 December, 2013
Central Administrative Tribunal Principal Bench, New Delhi O.A. No.1026/2013 M.A. No.801/2013 Order reserved on 03.12.2013 Order pronounced on 06.12.2013 Honble Shri G.George Paracken, Member (J) Honble Shri Shekhar Agarwal, Member(A) 1. Satbir Singh S/o Shri Raghubeer Singh R/o E-57, Shashi Garden, Patparganj, Delhi-110091. 2. Khem Chand S/o Shri Pyare Lal R/o H.No.536, Moh. Tyagi Bara, V&PO Badhahpur, Gurgaon (Haryana). 3. Rameshwar Dayal Sharma S/o Late Shri Jiya Ram Sharma R/o V&PO Budhera Via Baraut, Distt. Baghpat (UP). 4. Vinod Kumar S/o Hukam Singh R/o W.Z. 1252/C, Nangal Raya, New Delhi-110046. 5. Raju S/o Late Chottey Lal R/o H.No.I-16, NPL Colony, New Rajinder Nagar, New Delhi-110060. 6. Sukhinder S/o Late RumzumPaswan R/o H.No.A-4, NPL Colony, New Rajinder Nagar, New Delhi-110060. 7. Sukhbir Singh S/o Shri Ramkirpal Singh R/o A-15, Qutab Vihar Goyla Dairy, Najafgarh, New Delhi-110071. .Applicants (By Advocate: Shri Yogesh Sharma) Versus 1. Council of Scientific and Industrial Research Through its Secretary, Anusandhan Bhawan, 2, Rafi Marg, New Delhi. 2. National Institute of Science Communication & Information Resources through its Director, Dr. K.S. Krishnan Marg, New Delhi-110012. ... Respondents (By Advocate: Ms. Neha Bhatnagar) ORDER
Shri G.George Paracken, M(J) This is a joint Original Application filed by 7 employees of the Respondent- National Institute of Science Communication & Information Resources (NISCIR for short). Their grievance is that even though they were engaged as Casual Labourers and granted temporary status in terms of Casual Labour (Grant of Temporary Status and Regularisation) Scheme, 1993 which was introduced by the Department of Personnel & Training with effect from 10.09.1993, they have not been admitted to the Old Pension Scheme, i.e. CCS (Pension) Rules, 1972 which was more beneficial to them.
2. The brief facts of the case are that the Applicants were initially appointed as Casual Labourers by the aforesaid Respondent-CSIR. Subsequently, they were granted temporary status. Later on, they have also been regularised in their service. Details regarding dates of granting temporary status and dates of regularization of their services are as under:-
S.No. Name Date of Temp. Status Date of Regularization
1. Satbir Singh 12.01.1994 5.2.2009
2. Khem Chand 12.01.1994 12.11.2008
3. Rameshwar Dayal 12.01.1994 12.11.2008
4. Vinod Kumar 12.01.1994 19.12.2008
5. Raju 12.01.1994 5.2.2011
6. Sukhinder 12.01.1994 5.2.2011
7. Sukhber Singh 12.01.1994 6.5.2011
3. The Government of India has introduced the New Pension Scheme with effect from 01.01.2004. As the Applicants were regularised subsequent to the said date, in the orders of their regularization/appointment, the Respondents have indicated that the post is pensionable and will be governed by the New Pension Scheme applicable with effect from 01.01.2004 as notified by the Government of India and adopted by CSIR vide their letter No.17/68/2001-E.II dated 23.12.2003 and other instructions issued on the subject.
4. The contention of the Applicants is that since they have been working with the Respondent No.2 prior to the issuance of the aforesaid New Pension Scheme, they should be subjected to the Old Pension Scheme. However, the stand taken by the Respondents is that all the Applicants herein have been regularized in service after 01.01.2004, the date of regularization has been taken for the purpose of admission to the pension scheme.
5. We have heard the learned counsel for the Applicants Shri Yogesh Sharma and the learned counsel for the Respondents Ms. Neha Bhatnagar. The issue raised in this OA has already been settled by this Tribunal much earlier in OA No. 1194/2006 Umesh Singh and Others Vs. U.O.I. and Others decided on 30.11.1996. Thereafter, the same issue was decided by a single Bench of this Tribunal in OA No.89/2012 Lala Ram & Another Vs. The Secretary, Ministry of Finance & Others decided on 16.07.2012. The said order was itself based upon a decision of the co-ordinate Bench of this Tribunal in OA No.2332/2010 Rameshwar Singh Vs. Union of India decided on 02.12.2011. In the said order, various other orders passed on the same issue by the other Benches of this Tribunal have also been considered. By the said order, the employees who have been initially appointed as Casual Labourers but granted temporary status later on but prior to the issuance of the New Pension Scheme w.e.f. 01.01.2004 were granted the benefit of CCS (Pension) Rules, 1972. Accordingly, the Respondents were directed not to apply the New Pension Scheme which came into force with effect from 01.01.2004 on those employees. There was also a positive declaration that they were entitled for pension in terms of CCS (Pension) Rules, 1972 with all attendant benefits.
6. The Guwahati Bench of this Tribunal has also considered the same issue in OA No.26/2012 Sunil Mahata Vs. Union of India and Others decided on 11.12.2012. The Applicant therein was a Group D employee working under the Department of Atomic Energy. He was initially appointed as a Casual Labourer. He was granted temporary status with effect from 01.09.1993. His service was also regularized with effect from 30.06.2004. The Respondents therein have also taken the similar stand that since the Applicant was granted temporary status w.e.f. 1.9.1993 and regularized prior to 01.01.2004, he should be governed by the New Pension Scheme. Accordingly, the Guwahati Bench held that the Applicant therein would be entitled for the Old Pension Scheme and directed the Respondents to do so.
7. In view of the above settled position, we allow this OA and direct the Respondents to grant all the benefits Old Pension Scheme. Consequently, they would also be permitted to contribute to the GPF. The aforesaid direction shall be complied with, within a period of one month from the date of receipt of a copy of this order.
8. There shall be no order as to costs.
(SHEKHAR AGARWAL) (G. GEROGE PARACKEN)
MEMBER (A) MEMBER (J)
Rakesh