The Tribunal ruled that applicants were not entitled to count 50% of their pre-regularization service for pension calculation, as they had already received all due benefits post-regularization.

ORDER

By Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial):-

Heard Shri Amrendra Kumar Shrivastava, learned counsel for the applicant and Shri Bablu Singh, learned counsel for the respondents in both the cases.

2. Since the issues involved in both the Original Application are same and similar and as such, they are being disposed of by this common order.

3. The instant Original Application No.1421 of 2017 under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed for the following reliefs:-

a) For a direction upon the respondents to give effect the regularization from the date on completion of 3 years from the date of initial appointment and 50% of the service to be added in applicant’s service so that the financial benefits may be granted and the proper seniority may be granted w.e.f. 21.06.1980.

b) For quashing the impugned order/letter dated 06.11.2017 (Contained as Annexure No.A-4) to compilation No.I of the Original Application). & direct to the respondents to place the name of the applicant above to serial No.86 Sanjay Kumar (ST) as per the order dated 08.08.2006 passed by this Hon’ble Tribunal.

c) to issue any other order or direction as this Hon’ble Tribunal may deem fit and proper under the fact and circumstances of the case.

d) Award the costs of the O.A. in favour of the applicant.

4. The Original Application No.740 of 2017 under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed for the following reliefs:-

a) For a direction upon the respondents to give effect the regularization from the date on completion of 3 years from the date of initial appointment and 50% of the service to be added in applicant’s service so that the financial benefits may be granted.

b) For a direction upon the respondents to give interest of 18% from the order No.E9(NG)III-77/RCI/80 dated 21.04.1982 and No. E(NG)II/84RC8/8 dated 20.04.1985 passed by the Railway Board in regard Mobile Booking Clerks and orders and judgments passed by the Hon’ble Tribunal, Hon’ble High Court and affirm by the Hon’ble PUNIT KUMAR MISHRA Supreme Court.

c) Issue any other suitable, order or direction as this Honourable Tribunal may deem fit and proper under the fact and circumstances of the case.

d) Award the costs of the O.A. in favour of the applicant.

5. At the very outset, learned counsel for the applicant in both the cases submitted that though the applicants have approached before this Tribunal with multiple prayers, but now he confined his prayer only for a direction upon the respondents to add 50 % of the services of the applicants from their initial engagement to till their regularization for the purposes of calculation of pension.

6. The case of the applicant as has been delineated in O.A. No.1421/2017 is that he was initially engaged on 21.06.1977 as Volunteer Mobile Banking Clerk/Mobile Booking Clerk and was granted temporary status on 21.10.1977. Thereafter, the services of the applicant was regularized w.e.f. 21.10.1980, but after superannuation, 50% of the services of the applicant after engagement till his regularization was not counted for the purposes of calculation of pension. Hence, the applicant has been constrained to knock the door of this Tribunal by way of Original Application No.1421/2017.

7. Similarly the case of the applicant in Original Application No.740 of 2017 is that the applicant was initially engaged on 12.05.1979 as Volunteer Mobile Banking Clerk/Mobile Booking Clerk and was granted temporary status on 13.09.1979. Thereafter, the services of the applicant was regularized w.e.f. 11.09.1982, but after superannuation, 50% of the services of the applicant after obtaining temporary status till his regularization was not counted for the purposes of calculation of pension. Hence, the applicant has been constrained to knock the door of this Tribunal by way of Original Application No.740 of 2017.

PUNIT KUMAR MISHRA

8. On the other hand, counter reply was filed on 16.01.2019 in Original Application No.1421/201