Employees granted temporary status before the introduction of a new Pension Scheme are entitled to pension benefits under the old Pension Rules, and their service under temporary status should be counted for retirement benefits.

N. Paul Vasanthakumar, J.

1. This Writ Petition is filed by the Ministry of Atomic Energy, Government of India as well as Indira Gandhi Centre for Atomic Research, Department of Atomic Energy, Kalpakkam, challenging the order made in O.A. No.1496 of 2011 dated 30.8.2013 passed by the Central Administrative Tribunal, Madras Bench.

2. The said O.A. No.1496 of 2011 was filed by the Respondents 1 to 16 praying for a direction to extend the benefit of pension under old Pension Scheme, Central Civil Service (Pension) Rules, 1972, as they were granted temporary status with effect from 31.12.1999 on condition that 50% of their service rendered under temporary status would be counted for the purpose of retirement benefits, after their superannuation and after rendering three years of 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. The said O.A. was allowed by the Central Administrative Tribunal, by following the Judgment of the Principal bench of the Tribunal made in O.A. No.2332 of 2010 dated 2.12.2011. The Petitioners being aggrieved, have filed this Writ Petition.

3. The contention of the Petitioners as per the Affidavit filed in support of the Writ Petition are that Indira Gandhi Centre for Atomic Research (hereinafter called “IGCAR”) located in Kalpakkam, Tamil Nadu is a constituent unit of Department of Atomic Energy, Government of India, which is directly under the control of Prime Minister of India. IGCAR is engaged in broad based multidisciplinary programme of scientific research and advanced engineering directed towards the second stage of Indian Nuclear Power Generation Programme, i.e., development of Fast Breeder Reactor Technology. The service conditions and other retirement benefits of employees of Department of Atomic Energy are governed by Rules as applicable to the other Central Government employees. Hence, the Orders issued by the Department of Personnel and Training, Government of India, relating to Service matter/benefits are applicable to the 2nd Petitioner.

4. The employees of IGCAR, who joined service prior to 1.1.2004 are governed by the General Provident Fund (for short “GPF”) and such of those employees, who opt for GPF are entitled for pensionary benefits as per Central Civil Service (Pension) Rules, 1972 [for short “CCS (Pension) Rules, 1972]. IGCAR had engaged 50 Casual Labourers for cleaning and assisting Technicians and Scientists carrying out the task in various laboratories of IGCAR. They were paid daily rates of pay on need basis. The Government of India has formulated a Casual Labourers (Grant of Temporary Status and Regularisation) Scheme in the year 1993 by the order of Department of Personnel and Training, through O.M. No.51016/2/90 Esst. (C) dated 10.9.1993. The said Scheme came into effect from 1.9.1993. As per the said Scheme, temporary status would be conferred on all Casual Labourers employed as on the date of the Order and have rendered one year continuous service in Central Government offices, other than the Department of Telecom, Post and Railways. The temporary employees would not be brought on to the permanent establishment, unless they are selected through regular selection process for Group ‘D’ post.

5. Out of 50 Casual Labourers, 34 Casual Labourers were regularised and brought on to the permanent establishment prior to 1.1.2004 against the vacant posts. The private respondents numbering 16, who were granted temporary status could not be accommodated only in the year 2005, when regular vacancies arose. As per the scheme and Para 5(iv) of IGCAR office order dated 13.1.2000, 50% of service rendered under temporary status would be counted for the purpose of retirement benefits, after their regularisation. Before their absorption in permanent establishment, new Pension Scheme came into force for Central Government Employees with eff