A casual worker's service can only be partially recognized (50%) for pension benefits prior to regularization, reaffirming past legal principles from related cases and rulings on similar issues.

ORDER

Per : Hon’ble Shri Lok Ranjan, Member (A)

This Original Application came to be the third round of Casual Service related litigation by the Applicant. Firstly, vide the O.A. No.428/1997, the Applicant had challenged his regularization as Gangman (Group-D) and had claimed to be regularized as Bridge Sarang (Group-C) – wherein this Tribunal had inter alia ordered for him to be considered as such, subject to his seniority, qualifications and availability of vacancy, as per rules. In compliance, the Respondents had considered his case but that was disposed of vide Order dated 14.10.1998 without regularization, since no vacancies were found for him to be regularized as such. Later, vide the O.A. No.166/2011, the Applicant had again claimed that the directions of the Tribunal for regularization in Group-C scale were not complied with – however that O.A. in this Tribunal and later the related DB Civil Writ Petition (CWP) No.11104/2011 in the Hon’ble High Court of Rajasthan at Jaipur had eventually been dismissed.

2. The Applicant, had been engaged in Construction Organization as Casual Labour on 22.01.1976, whereupon he worked as Bridge Sarang (Group-C) ; and was granted temporary status in Casual service w.e.f. 01.01.1981 ; and further regularized as Gangman (Group-D) under the Open Line Rajkot Division pursuant to Order dated 24.09.1997. He had retired on superannuation w.e.f. 31.12.2012. Vide the present O.A., the Applicant – who had continuously worked in the Construction Organization under the Respondent Railway Department as a Bridge Sarang initially as a Casual Labour and then even after his regularization in the post of Gangman (Group-D) under the Open Line Rajkot Division – had challenged the Pension Payment Order (PPO) dated 31.12.2012 issued for him ; and had prayed for the substantive relief inter alia – for counting his service as Casual Worker to the extent of 50% and his service as Casual Labour with Temporary Status in full together with his regular service ; and for re-determination of his pay and allowances during service period, benefits of pay upgradation under ACP / MACP Schemes and his pension/retiral benefits on his retirement on superannuation on w.e.f. 31.12.2012 accordingly ; with arrears and all consequential benefits in pursuance thereof.

3. The relevant matrix of facts that had emerged from the pleadings of the parties in this case on record, follows briefly. The Applicant was appointed as Casual Labour in Construction on 22.01.1976 under the Deputy Chief Engineer (Construction) [Dy.CE(Constn)], JL under the Western Railway (WR) and worked as Bridge Sarang. Vide the Corrigendum dated 29.06.1987 issued by the Executive Engineer (XEN) (Constn) Jamnagar to the earlier Office Memorandum dated 25.10.86, the Applicant was granted temporary status w.e.f. 01.01.1981 and his services were continued in the Construction Organization as Sarang (Semi- Skilled) in Group-C cadre with Pay Scale of Rs.(950-1500)/- Revised Pay. Later – upon being declared passed in the Trade Test based on Letter dated 05.09.1995 (sic) of the XEN(Constn) Ajmer ; as well as being declared passed the Medical Examination in B-1 Category based on Certificate dated 13.09.1994 issued by the Chief Medical Superintendent (CMS) Ajmer – the Applicant was promoted as Sarang (Skilled) with Pay Scale of Rs.(1200- 2040)/-, purely on ad-hoc basis and for Construction Unit only, vide the Office Order dated 23.09.1994 of the Dy.CE(Constn) Ajmer.

4. Vide the RBE No.92/97 dated 08.04.1997, Railway Board had reiterated earlier instructions and laid down further guidelines on the subject of Regula