ORDER

1. The instant Original Application under section 19 of the Central Administrative Tribunal, 1985 has been filed for the following reliefs:

(i) To issue order or direction for reckon 50% of casual service period and temporary service period as qualifying service on absorption is regular appointment for purpose of subscription of G.P.F. and Old pensionary benefits in the light of rules and Hon’ble Supreme Court Judgment dated 24.03.2017, and to enter the correct initially date of appointment with past service in the service book of the applicants along with past service records with all consequential benefits.

(ii) To consider and decide the pending representations of the applicants in the light of Apex court Judgment and railway board orders for which time bound direction are praying .

(iii) To issue award cost and compensation of applicants.

2. The brief facts as narrated in the instant O.A. is that the applicant-1 ( Radha Krishna) was appointed as Casual Labour on 01.04.1986 and was granted temporary status on 01.04.1989 and worked up to 22.07.1991 under the Jhansi Division. The services of applicant -1 was regularized w.e.f., 17.11.2004.

3. The applicant-2 (Moti Lal) was appointed as Casual Labour on 29.12.1982 and was granted temporary status on 01.04.1989 and worked to 22.07.1991 under the Jhansi Division. The services of applicant-2 was regularized w.e.f. 09.11.2004. Similarly, the applicant-3 (Mani Rama) was appointed as Casual Labour on 05.04.1983 and worked up to 11.06.1986.

The services of the applicant-3 was regularized w.e.f. 29.10.2004.

4. The applicants were granted all the benefits as per Indian Railway Establishment Manual. The name of the applicants were entered in Live Casual Labour Registers for the regularization on their turn as per direction of Apex Court. The Railway Board has prepared a Scheme for absorption of ex-casual labourers vide a circular dated 28.02.2001 that all the ex-labour will be considered for regularization as per seniority on their turn from the Live Casual Labour Registers. In view thereof, the applicants were regularized in service after screening and medical examination in the year, 2004 itself. However, the Railway Department has entered the first date of appointment of the applicants the date of regularization in the service and as such, the applicants are facing various loss in service benefits viz.

GPF, Old pension etc.

5. Some similarly situated employees have approached before Central Administrative Tribunal, Principal Bench by filing O.A. No. 3745/2012 for a direction to reckon 50 % casual service period to temporary status and 100 % from temporary status to regularization. The Tribunal vide order dated 06.02.2014 directed the respondent-Railway for counting 50 % casual service period and 100 % temporary period to regularization in qualifying service of the employees for purpose of GPF and pensionary benefits. Against that order a Writ petition No.7618/2014 was filed by the respondent- Railway, which was also dismissed. Against the said order, the Railway filed a Civil Appeal No.3938/2017 (Union of India Vs. Rakesh Kumar & Ors.) before the Apex Court, which was disposed of vide judgment dated

24.03.2017 with the following observation:-

53. In view of the foregoing discussion, we hold:

53.1. The casual worker after obtaining temporary status is entitled to reckon 50% of his services till he is regularised on a regular/temporary post for the purposes of calculation of pension.

53.2. The casual worker before obtaining the temporary status is also entitled to reckon 50% of casual service for the purposes of pension.

53.3. Those casual workers who are appointed to any post either substantively or in officiating or in temporary capacity are entitled to reckon the entire period from date of taking charge of such post as per Rule 20 of the 1993 Rules.

53.4. It is open to the Pension Sanctioning Authority to recommend for relaxation in deserving case to the Railway Board for dispensing with or