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2024 Supreme(Online)(CAT) 10617
CENTRAL ADMINISTRATIVE TRIBUNAL
Ajay Pratap Singh, J
Shiojee Singh – Appellant
Versus
The Union of India – Respondent
O.A. No. 050/000638/2022
For the Appellants/Petitioners: Shri S.K. Tiwary
For the Respondents: Shri H.P. Singh
Employees granted temporary status are entitled to pensionary benefits after three years of service, regardless of regularization delays, reinforcing social justice principles.
Headnote:(A) Administrative Tribunal Act, 1985 - Section 19 - Claim for Pension - Retired as Temporary Status official - Rejected representation based on status at the time of retirement - The applicant worked continuously for 36 years and was granted Temporary Status effective from 29.11.1989 - Rule 10 of Central Civil Services (Temporary Services) Rules, 1965 entitles half the service period under Temporary Status to be counted for pension - Respondents failed to regularize despite multiple requests by the applicant - Found entitled for pension due to the binding precedents and the legal rights accrued from the statutory scheme. (Paras 9, 10, 28, 32, 49, 50)
(B) Pension Benefits - Entitlement under the CCS (Pension) Rules - Temporary status allows for pensionary benefits after deemed regularization following an extended period of service - The Court emphasized the need for the government to discharge its obligations within the bounds of the law and equity. (Paras 9, 27, 32)
Facts of the case:
The applicant was appointed as Casual Labour in 1982 and obtained Temporary Status from November 1989, retiring in September 2021 after over three decades without being regularized. Legal provisions indicated eligibility for pension based on the accrual of rights despite the lack of formal regularization.
Findings of Court:
The applicant is entitled to pension based on service claims and existing rules as per the Government's own policies favoring casual laborers under Temporary Status, indicating the principle of social justice applicable in similar cases.
Issues: Whether the applicant, holding Temporary Status and having served significant time, is entitled to pension benefits and how the failure to regularize impacts the claim.
Ratio Decidendi: The Court ruled that the applicant’s continuous service and failure by the departments to act upon regularization grants the entitlement to pension benefits irrespective of the promotion decision not taken.
Result: The applicant's claims are upheld, directing payment within a specified timeframe. Original application allowed.
| Table of Content |
|---|
| 1. challenge to pension denial. (Para 1 , 2) |
| 2. factual background of employment. (Para 3 , 4) |
| 3. applicant's arguments for pension. (Para 5) |
| 4. respondents' counterarguments. (Para 6) |
| 5. determining eligibility for pension. (Para 8) |
| 6. analysis of relevant law. (Para 9) |
| 7. application of departmental policies. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 8. rights accrued to temporary employees. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 9. conclusion on pension eligibility. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 10. decision and directions for compliance. (Para 49 , 50 , 51 , 52 , 53) |
ORDER
AS PER : AJAY PRATAP SINGH, MEMBER [JUDICIAL]
1. By way of present Original Application filed under section 19 of Administrative Tribunal, Act 1985 challenging order dated 27.07.2022 whereby respondent No.6 has rejected representation dated 11.10.2021 stating that applicant retired as Temporary Status official without regularization and at the time of his promotion, he refused to be promoted in sanctioned Group ‘D’ post and had not joined as regular Group ‘D’ post at least for one day, his status at the time of retirement was Temporary and not entitled for pension under CCS (Pension) Rules. So also seeking grant of arrear of pension and other benefits with interest @ 10%.
PRAYER
2. Applicant has claimed following main relief (as extracted from OA) as under:-
(i) “The order dated, Patna 27.07.2022 issued by respondent No.6 as contained in Annexure – A/1 may be quashed and set aside.
(ii) The applicant humbly prays that the respondents may be directed to finalize his pension w.e.f. 09.08.2021 and its benefits under CCS (Pension) Rules 1972 and consequential benefits immediately.
(iii) The applicant further prays that arrears of the pension and its benefits with 10% interest may be granted.
(iv) Any relief/reliefs may be granted to the applicant for ends of the justice.”
FACTS IN BRIEF
3. Shorn of unnecessary details briefly stated facts adumbrated by applicant as under:-
(i) Applicant was initially appointed as Casual Labour (Generator Operator) at Samatipur at HPO Samastipur Postal Division in year 1982. Respondent No.6 has issued order dated 19.07.1991 and conferred Temporary Status w.e.f. 29.11.1989, on completion of three years as Temporary Status Casual Labour accordance with grant of Temporary Status Scheme 1989 treated at par with Group ‘D’ employee w.e.f. 29.11.1989 and superannuated on 30.09.2021 after continuous service for 36 years.
(ii) It is the case of applicant that he has made representation for counting of 50% period of Temporary Status and applicant has completed more than 10 years qualifying service and entitled for reckoning service of Temporary Status for pensionary benefits from 31.12.2020. Applicant has also made averment that applicant was granted Temporary Status and after completing three years as Temporary Status Casual labour was treated at par with Group ‘D’ regular employee and entitled for benefit of Central Government (Temporary Services) Rule, 1965. Accordance with applicant granted Temporary Status w.e.f. 29.11.1989 at par with Group ‘D’ employee from 29.11.1989 to 30.09.2021. Applicant is entitled for reckoning half period of 36 years services for pensionary benefits under Rules 1972.
4. Per contra respondents have contended the case of applicant by filing written statement and has stated that applicant was engaged as Operator for maintenance of departmental Generator at Samastipur HO w.e.f. 01.05.1986. Applicant was conferred Temporary Status w.e.f. 29.11.1989 vide memo dated 19.07.1991 and granted minimum scale for a regular Group ‘D’ official including DA, HRA and CCA. Applicant was informed about promotion against sanctioned regular Group ‘D’ post but he did not expressed his willingness and informed that he is not willing to promote and his candidature was not considered against regular Group ‘D’ post at the time of his promotion. Respondents have also made averment in the written statemen
