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AS PER AJAY PRATAP SINGH, MEMBER [JUDICIAL]

1. The present Original Application has been filed under Section 19 of the Administrative Tribunals, Act 1985 seeking direction to the respondents to reckon 100% period of their services as casual worker after obtaining temporary status till they are regularized on a regular/temporary post instead of 50%. So also casual worker before obtaining the temporary status are also entitled to ::2:: OA 708/2016/CAT/PATNA BENCH reckon 50% of casual services for purposes of pension and pensionary benefits and revise the pension and pensionary benefits and pay arrears with interest @ 15%.

(iv) 1501 of Chapter-XV of IREM-I (i) Temporary Railway Servants Definition--A "temporary railway servant" means a railway servant without a lien on a permanent post on a Railway or any other administration or office under the Railway Board. The term does not include "casual labour", including 'casual labour with temporary status', a "contract" or "part-time"

employee or an "apprentice".

(v) 24. So far as reckoning period of service in case of railway employees for pensionary benefits. The issue is no more res-integra. The Hon'ble Supreme Court in case of Union of India Versus Rakesh Kumar, reported in 2017 (13) SCC 388: AIR 2017 Supreme Court 1691 was seisin with only issue "whether the entire service of a casual worker after obtaining temporary status till his regular absorption on a post is entitled to be reckoned for pensionary benefit or only 50 percent period of such service can be reckoned for pensionary benefit?" In case of Rakesh Kumar (supra) the respondents- employees from railway were initially appointed as casual labor in Northern Railway after working and were granted temporary status and subsequently regularized against posts. The Hon'ble Supreme Court examined scheme of Rules, 1993, Para 2005 of IREM. The Hon'ble Apex Court in Para 55 held that casual worker after obtaining temporary status is entitled to reckon 50% of his services till he is regularized on a regular/temporary post for purpose of calculation of pension. So also casual worker before obtaining the temporary status is also entitled to reckon 50% of casual service for purposes of pension.

[Emphasis supplied]

35. The perusal of Para 20 of the Master Circular No. 54 already extracted hereinabove indicates that only half of the period of service of a casual labour after attainment of temporary status if it is followed by absorption in service as a regular railway employees, counts for pensionary benefits.

36. We have analysed entire relevant rules applicable to carve out legal entitlement of applicants so far relates to issue no.2 and we are of the view that the applicants are entitled to reckon 50% of his services after obtaining temporary ::14:: OA 708/2016/CAT/PATNA BENCH status till they were regularized on a regular/temporary post of Trackmen for the purpose of calculation of pension and pensionary benefits in the light of Rule 20, 31 of Pension Rules read with Para 20 of the Master Circular No.54 and Para 2005 and sub-para (a) of Para 2005 of IREM-I. Accordingly, we decide the issue no.2, against all the applicants and we hold that no vested right accrued in the favour of the applicants to reckon 100% of casual worker service period after obtaining temporary status till all of them were regularized on a regular post of Trackmen instead applicants have been correctly granted as per rules benefits of reckoning period 50%of their services after obtaining temporary status till they are regularized. The Hon'ble Supreme Court in recent decision in case of Union of India & Ors. Versus Rakesh Kumar (supra) in identical facts and legal issues after taking into consideration conflicting judgments has explained and harmonised to bring uniformity on the issues involved in this case on hand. The Hon'ble High Court of Patna, their Lordships have followed the recent judgment of Hon'ble Apex Court and we are bound by judgments of our own Hon'ble High Court of the State.

"55. In view of foregoing discussion, we hold:

(i) 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.

(ii) the casual worker before obtaining the temporary status is also entitled to reckon 50% of casual service for purposes of pension.

(iii) those casual workers who are appointed to any post either substantively or in officiating or in temporary capacity are entitled to reckon the entire period from date of taking charge to such post as per Rule 20 of Rules, 1993.