O R D E R

In the instant O.A., the applicant has sought for the following reliefs:-

“i) Consider the service of the petitioner in the quasi-Railway/quasi-Administrative Organisation for the period 01.09.1978 to 26.02.1996 for computing the qualifying service to be counted and added to regular service in the mainstream of the Railway from 04.03.1996 till 31.01.2004 for the purpose of granting pensionary and other retiral benefits by issuance of PPO thereafter;

ii) Pay all the arrears on account of pension and other dues accruing w.e.f. 01.09.1978, if not earlier, at the earliest;

iii) Allow him to join the Retired Employees Liberalised Health Scheme (RELHS-1997);

iv) Certify that transmit the entire records and papers pertaining to the applicant’s case so that after the causes shown thereof conscionable justice may be done unto the applicant by way of grant of reliefs as prayed for in (i) and (iii) above;

v) Pass such other order/orders and/or direction/directions as deemed fit and proper;

vi) Costs.”

2. Learned Counsel for the applicant has submitted that the applicant in the instant O.A. was appointed as Library Assistant in Netajji Subhas Institute at Sealdah, a quasi-Railway organization under Eastern Railway. As per the Railway Board’s Circular dated 26.08.1977 circulated by the Chief Personnel Officer vide Sl. Circular No.31/80 dated 03.03.1980, employees of quasi-administrative organizations are entitled to be regularly absorbed in Group-D posts in the Railway like temporary status casual labours/substitutes proved they complete 5 years’

service. It was categorically mentioned in the said circular that screening of quasi- railway staff could not take place during the last few years for undisclosed reasons. Learned Counsel for the applicant has submitted that the applicant became eligible for screening and regularization after completion of 5 years in the quasi- administrative job w.e.f. 01.09.1978 but he was absorbed in the Railway on 04.03.1996 as Gangman, therefore, half of his quasi-railway service should be counted to make good the shortfall of 10 years’ service to enable him to join the Retired Employees Liberalised Health Scheme (RELHS), 1997 and to receive other pensionary benefits, but the respondents have denied to give him such benefits on the plea that he did not complete 10 years of regular service. Hence this O.A.

3. The respondents have filed written reply to the O.A. denying the claim of the applicant. They have stated in the reply that the applicant in the instant O.A. has claimed for counting of half of his service rendered in Netaji Subhas Institute which is a non-government quasi-railway organization, for the purpose of pensionary benefits at par with Casual Labourers and Substitutes which is contrary to the statutory law and mandatory rules. Relying on the reply, Learned Counsel for the respondents has submitted that the Railway Ministry had formulated a policy in the year 1977 for screening and absorption of Quasi-Administrative Offices/Units Staff connected with the Railways. Vide Railway Board’s order dated 26.08.1977 it was clarified that staff of co-operative societies, canteens, commissioned bearers, Vendors (of Deptt. Catering ) etc. can be considered after eligible Casual Labourers and Substitutes have been considered. Further, vide letter dated 26.05.1994, it was communicated that quasi-administrative staff who have worked at least 5 years in the Railway Institute, Co-operative Societies etc. should be screened along with the Casual Labourers and Substitutes and their names would be placed at the bottom of the screening list below all the casual labours and substitutes and such employees would be posted as a regular measure, as and when the vacancies are available. Learned Counsel has averred that the applicant was absorbed in the Railway on 04.03.1996 after screening as per availability of vacancies in accordance with law and superannuated on 31.01.2004, therefore, he rendered service less than 10 y