The Tribunal determined the criteria for regularization and pension benefits, emphasizing compliance with previous orders regarding service evaluation for retirement benefits.

ORDER

Hon’ble Dr. Anand S. Khati, Member (A)

The grievance of the applicant in the present O.A. is that the respondents have not considered his request for fixation of retirement benefits after counting correct years of regular service and also not granted two financial upgradations after counting 50% temporary status service as per the undertaking given before the Tribunal in O.A. No.337/2012.

2. Briefly stated, the applicant was initially appointed as Khallasi on casual basis w.e.f. 11.11.1977 and, thereafter, he was disengaged on completion of work. He was re-engaged on 20.08.1981 and further disengaged on 01.10.1983. Challenging the same, the applicant filed O.A. No. 2242/1990 which was allowed by this Tribunal vide Order dated 28.08.1992 by directing the respondents to reinstate the applicant as a casual labourer whenever vacancy exists, in accordance with the length of service put in by him. In compliance thereof, the applicant was re-engaged in service vide order dated 13.11.1992 and posted at Sadalpur Station of Northern Railway. Subsequently, his case for regularization was considered along with other similarly situated persons in the Screening conducted on 27.12.1995. However, his result was not declared whereas the results of his junior and other persons were declared.

2.1 The applicant again preferred O.A. No. 951/2000 and another O.A. No.362/2004 before this Tribunal seeking declaration of his Screening Result and for his regularization. The O.A. No.951/2000 was disposed of by this Tribunal vide Order dated 17.08.2001 with a direction to consider the case of the applicant after declaring the result of the Screening held on 27.12.1995. In case the applicant qualified the same, he should be accorded regularisation from the date his juniors have been accorded the same, with all consequential benefits. The respondents, instead of declaring his result, issued a major penalty charge sheet vide memorandum dated 13.07.2004 alleging that he obtained further engagement by producing bogus casual labour entries in casual labour card, however, he was exonerated of the charge vide order dated 31.03.2007.

2.2 After completion of disciplinary proceedings, the applicant submitted representation for regularization, but received no response. Feeling aggrieved, he filed O.A. No. 1831/2009 and during the pendency of the said O.A., the respondents passed order dated 06.07.2009 regularising his services. Accordingly, the O.A. was withdrawn by the applicant with liberty to seek appropriate remedy. Thereafter, the applicant preferred O.A. No.337/2012 seeking regularisation from the date of regularization of his juniors, which was disposed of as infructuous on the basis of affidavit filed by the respondents stating that “the applicant has since been assigned his due seniority at item No. 55 in the seniority list of Sig. Helper-I issued on 11.02.2011 ….. it is submitted that the applicant has been allowed all the benefits as claimed in the present OA”.

2.3 The applicant retired on 31.12.2014 on attaining the age of superannuation. The applicant is aggrieved that the respondents have counted his regular service of 13 years w.e.f. 07.07.2009, whereas the same should be counted from the date of Screening or at least w.e.f. 30.10.1996, as per the affidavit filed before this Tribunal and he has already completed more than 20 years of service after counting 50% temporary status service and regular service w.e.f. 30.10.1996 and he is entitled for two financial upgradations. The applicant preferred