Contingency paid chaukidars on sanctioned posts working with regulars deemed Group 'D' employees entitled to pension per Manual Clause 154.

ORDER

1. The instant Original Application, Under Section 19 of the Administrative Tribunals Act, 1985 has been filed by the Applicant (Ramu Singh Yadav) for the following relief:-

i. Issue an order or directions commanding the respondents to make payment of Pension and all other Post Retiral Benefits to the Applicant due treating his regular group „D‟ employee, with all other consequential benefits.

ii. Issue a further order or directions commanding the respondents to make payment of 18% interest to the applicant on delayed payment on post retiral benefits.

2. The fact as reflects from the records of the Original Application that the applicant was initially appointed/engaged vide order dated 01.11.1979 at sub post office Mardah, District Ghazipur as a full time Contingency Paid Chaukidar in non-test category, subsequently, he joined on the said post. Sub-Post Office Mardah, District Ghazipur, is a regular post office and the appointment of the applicant was made on a sanctioned permanent post vacant due to death of the employee namely Late Jai Kishun Ram. Subsequently, he was posted for full time and regular auxiliary staff at the said Post Office Mardah, District Ghazipur and allowed to work side by side with regular employees of the Post Office. Subsequently, the appointment of the applicant made regular vide letter dated 31.01.1984 w.e.f. 17.11.1979. The applicant got retired from the post of Contingency Paid Chaukidar w.e.f 31.03.2021 on attaining the age of superannuation i.e. 60 years vide retirement memo dated 06.03.2021.

3. It is further averred in the original application that the appointment of Contingency Paid Chaukidars regulates strictly with the provisions of Clause 154 of the “Manual for Pay and Allowances to the Officers of Postal & Telecommunication Department (hereinafter referred as ‘Manual’).

4. It is further averred in the original application that the applicant was getting the minimum scale of pay from the date of his regular appointment but without increment and as per the Para 154(b) of the ‘Manual’ the applicant is entitled for the post retiral benefits including the monthly pension etc.

5. It is further averred in the original applicant that it is averred that the applicant filed several representations before the respondents followed by reminders (last reminder dated 08.11.2021 is appended as Annexure A-8 at page 34 of the O.A.), but no specific/reasoned order has been passed on the representation of the applicant and merely, the applicant was informed that he is not entitled for any post retiral benefit including the pension as his services was not regularized being casual labourers.

6. The counter affidavit has been filed from the side of the respondents on 24.07.2013 denying the claim of the applicant with the averment that applicant was only granted temporary status as Group ‘D’ employee and his services was never regularized on the post of Group ‘D’ till his retirement and therefore, he is not entitled for the retiral benefits including the pension etc.

7. Rejoinder affidavit has been filed on 11.09.2023 by the applicant, reiterating his claim as in the Original Application.

8. Shri L.M. Singh, learned counsel for the applicant submits that the applicant is entitled for all service benefit including the pension etc. w.e.f. the date of his initial appointment in terms of the provision of Rule 154 (a) & (b) of the Manual.

9. Learned counsel for the applicant further submitted that in the identical case, this Tribunal passed the order dated 28.07.2009 in Original Application No. 1626/2005 (Shyam Lal Shukla