P. B. Bajanthri, J.—On 19.10.2022, the following order was passed:—

Core issue involved in the present petition is whether deceased employee who was appointed as a casual labourer and thereafter stepped into the status of temporary employee w.e.f. 23.10.1992 and died while he was in service on 15.11.2007 and his legal heir- Meena Devi @ Meena Kunwar is entitled to benefit of pension/family pension or not? Rule 2 of Central Civil Services (Pension) Rules, 1972 reads as under:—

“2. Application Save as otherwise provided in these rules, 2[these rules shall apply to Government servants appointed on or before the 31st day of December, 2003] including civilian Government servants in the Defence Services, appointed substantively to civil services and posts in connection with the affairs of the Union which are borne on pensionable establishments, but shall not apply to$300 (a) railway servants; (b) persons in casual and daily-rated employmeni; (c) persons paid from contingencies; (d) persons entitled to the benefit of a Contributory Provident Fund; (e) members of the All India Services; persons locally recruited for service in diplomatic, consular or other Indian establishments in foreign countries; (g) persons employed on contract except when the contract provides otherwise; and (h) persons whose terms and conditions of service are regulated by or under the provisions of the Constitution or any other law for the time being in force.”

There is no exclusion of temporary employees in the aforementioned Rule, therefore, prima facie one has to draw inference that Pension Rules is applicable to such of those temporary employees also. On this point, learned counsel for the petitioner is hereby directed to ascertain as to whether is there any amendment to Rule 2- Application of the Central Civil Services (Pension) Rules, 1972 or not? Further he is hereby directed to ascertain as to whether Pension Rules published by Swami, Item No. 13 relates to Miscellaneous in which it is narrated that what are the benefits available to temporary employees. Is it factual aspect with reference to original records of the Government of India’s decision that whether temporary government servants are entitled to pension, retirement gratuity/ death gratuity, family pension on par with permanent government servants under Pension Rules, 1972 or not?

Aforesaid instruction shall be obtained before the next date of hearing.

Re-list this matter on 17.11.2022.

2. Thereafter, matter was further heard on 24.11.2022 and the following order was passed:—

Pursuant to the previous order read with query to the petitioner, supplementary affidavit dated 14.11.2022 is presented along with documents relating to scheme of Casual Labourers. Para 2 of Annexure- P/2 of the supplementary affidavit is relating to Casual Labourers (Grant of Temporary Status and Regularization) Scheme. Para 5 is relating to Benefits to Casual Labourers on completion of three years' service in temporary status, which reads as under:—

"5. Benefits to casual labourers on completion of three years' service in temporary status.—In their judgment, dated 29-11-1989, the Hon'ble Supreme Court have held that after rendering three years of continuous service with temporary status, the casual labourers shall be treated at par with temporary Group 'D' employees of the Department of Posts and would thereby be entitled to such benefits as are admissible to Group 'D' employees on regular basis.

2. In compliance with the above- said directive of the Hon'ble Supreme Court, it has been decided that the casual labourers of this department conferred with temporary status as per the scheme circulated in the above-said circular No. 45-95/87-SPB. I, dated 12-4-1991, be treated at par with temporary Group 'D' employees with effect from the date they complete three years of service in the newly acquired temporary status as per the above-said scheme. From that date, they will be entitled to benefits admissible to temporary Group 'D' em