ORDER

Per Ajay Pratap Singh, Member (Judicial)

1. The applicant has filed present original application under section 19 of the Administrative Tribunals, Act 1995, seeking direction to the respondents to finalize his pension with effect from 31st of December 2019 under Railway Service (Pension Rules 1993) (herein after referred as Rules, 1993) with all consequential benefits along with arrears of pension and pensionary benefits with 10% interest.

PRAYER The applicant has claimed the following relief (as extracted from the OA):

“1. The applicant humbly prays that your Lordship may be directed to the respondents to finalize his pension with effect from 31st of December 2019 and its benefits under Railway (Pension) Rules with all consequential benefits immediately.

10% interest may be granted.

3. Any reliefs may be granted to the applicant for ends of the justice.” FACTS IN BRIEF

3. Briefly, stated, the facts, as adumbrated by the applicant are that the applicant was engaged as casual labour on 01st of April 1992 and continued up to 2nd of August 1992 at Baidyanathdam Railway Station. The Railway has granted temporary status with effect from 3rd of August 1992. In accordance with the provisions of regularization of service of temporary status employees. The applicant was allowed to appear in confirmation examination and successfully qualified on 8th of May 2007 (A-1). The service of the applicant was absorbed/regularized on regular basis on the post of Trackman under PWI Raxaul with effect from 29th of August 2007. The applicant superannuated on 31st of December 2019 after completing more than 19 years of qualified service but respondents have not included applicant under old pension scheme under Rules 1993 and has also denied monthly Pension and Pensionary benefits. Hence the OA seeking direction to respondents to finalize and grant Pension and Pensionary benefits accordance with the Rules 1993 with effect from 31^st of December 2019 with arrears and all consequential benefits along with interest @ 10%.

4. Per Contra, the respondents has contested the claim of applicant by filing written statement that applicant was engaged in Railway as casual labour accordance with Establishment Rule. The further case of respondents that applicant did not work continuously for 120 days in a stretch. So applicant could not be granted temporary status. The applicant has worked in the Railway since long as substitute and was allowed to participate in screening test held in the year

2007. The applicant successfully cleared screening test and was placed in the Panel dated 08.05.2007 for appointment on regular basis on the post of Trackman scale 2610-3540. Applicant was regularized on the post of Trackman scale 2610- 2540 vide order dt. 29.08.2007. The appointment order dt. 29.08.2007 on absorption in regular post further stated that applicant will not be governed under New Pension Scheme. The applicant is regularized after 01.01.2004 so covered under NPS rule. The respondents have further stated that as per attendance register applicant has been shown as “substitute” and not as temporary status because status of temporary was not granted to the applicant.

5. The respondents have further stated in the reply to rejoinder that applicant has filed order dated 4th of November 2009, whereby temporary status has been granted with effect from 3rd of August 1992. The said order has been issued by DRM (P) East Central Railway Samastipur. The further submission of respondents in reply to rejoinder that the genuineness of order dated 4th of November 2009 (Annexure A-5 of rejoinder) has been verified from the official records but same is not available in their record and in the order neither order number nor date have been mentioned in the letter dated 4th of November 2009 nor language is appropriate. The applicant has been regularized in the year 2007 vide order dated 29.08.2007 as Railway employee but in the aforesaid letter design