Contractual service qualifies as temporary service for the purpose of calculating qualifying service under Rule 13 of the Central Civil Services (Pension) Rules, 1972.

ORDER :

SONIA GOKANI, J.

1. Petitioners are the authorities managed by the Union of India which has approached this Court against the order dated 29.4.2022 passed by the Central Administrative Tribunal, Ahmedabad in OA No. 235 of 2021.

2. Respondent was contractual employee whose claim is allowed by the Tribunal directing the present petitioners to re-examine the case in light of the directions issued by this Court in case of Special Civil Application No. 14592 of 2021 within a period of three months from the date of receipt of copy of that order.

3. Respondent was working as General Assistant for program section i.e. Typing contract, queue sheet of programme etc. as daily wager with the petitioner-institute. He along with the other similarly situated employees approached the Tribunal for claim of regular wages by way of OA No. 32 of 1987. This was partly allowed by the learned Tribunal vide order dated 23rd August, 1990. OA No. 486 of 1989, 492 of 1989 and 489 of 1989 had been preferred for seeking regularization of services of employees and they were regularized against the sanctioned vacant post by virtue of the Central Government decision dated 16.11.1994.

4. It is not in dispute that the applicant worked as casual labourer from 22.11.1982 and was came to be regularized on regular establishment on 3.4.1995. The similarly situated applicants have approached the learned Tribunal by way of OA No. 446 of 2014. The decision has come against the department which was challenged before the Hon’ble Apex Court and the same is pending.

5. The petitioners are before this Court seeking issuance of writ of mandamus or any other appropriate writ, to set aside the judgement and order of Central Administrative Tribunal dated 29th April, 2022 in OA No. 235 of 2021.

6. We have heard learned Standing Counsel Ms. Krishna Raval who has fervently urged that the SLP preferred against the judgement and order dated 17th February, 2022 in Special Civil Application No. 14592 of 2021 is still pending. At that stage to direct the petitioners to count the temporary service for the purpose of calculating qualifying services in accordance with rule is not desirable.

7. We have noticed the challenge before the learned Tribunal in the order impugned, where, the original application has been allowed by directing the respondent to re-examine the claim of the applicant in case of Smt. Magi (M.H.Desai) w/o. Hasmukhbhai Desai within a period of three months from the date of receipt of copy of the order.

8. According to learned Standing Counsel, this order is a cryptic order without supplying any reasons and details. She has also emphasized that when the matter is pending before the Apex Court for admission, no point will be served to undergo this ordeal as there is likelihood of some change as well.

9. According to us, this Court has decided the very issue in Special Civil Application No. 14592 of 2021 on 17th February, 2022 in the case of Smt. Magi (M.H.Desai) W/o. Hasmukh Desai Vs. The Director General, where the facts of the case are identical to the one which is on hand. We noticed that there was yet another matter which has been referred to by this Court to hold that the services rendered on contractual basis shall be liable to be counted as temporary service for the purpose of calculating the qualifying service in accordance with the Rule 13 of The Central Civil Services (Pension) Rules, 1972.

10. We noticed that the applicant had been denied the claim for counting his contractual service as qualifying service and consequently the regularization of services was denied. This Court, while considering the total qualifying service has regarded the Central Civil Services (Pension) Rules, 1972 as Rule 13 of the said rules deal with the period of commencement of qualifying service. Reading of Rule 13 itself indicates that qualifying service of a Government servant shall commence from the date of taking charge of the post on which the person was first appointed. First Provis