Contingency Paid Chaukidars with temporary status deemed regular Group D employees entitled to pensionary benefits per departmental manual.

ORDER

Heard Shri Kamlesh Singh, learned counsel assisted by Shri Shiv Mangal Prajapati, learned counsels for the PUNIT applicant and Shri Vidyapati Tripathi, learned counsel for the respondents.

The instant Original Application, Under Section 19 of the Administrative MISHR Tribunals Act, 1985 has been filed by the Applicant for the following A reliefs:-

8. (i). for a direction upon the respondents to treat the services of the applicant as regular for all purposes and release the terminal benefits including Provident Fund, leave encashment etc. forth with along with 18 % penal interest.

8 (ii) Any other relief, which this Hon‟ble Tribunal may deem fit and proper in the circumstances of the case may be given in favour of the applicant.

2. The fact as reflects from the records of the Original Application that the applicant was initially appointed/engaged as a Contingency Paid Chaukidar on 25.04.1981. He was granted temporary status on 29.11.1989 and was also allowed minimum pay in the pay admissible to regular Group D employee including all the allowances as admissible as per Rule. The applicant got retired from the post of Contingency Paid Chaukidar w.e.f 31.03.2017 on attaining the age of superannuation i.e. 60 years.

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 applicant that after superannuation, the applicant filed a representation on 27.07.2017 before the respondents, claiming post retiral benefits including pensionary benefits, but no heed was paid. Hence, instant Original Application has PUNIT been filed.

5. The counter affidavit has been filed from the side of the respondents on 06.05.2024 denying the claim of the applicant with the A averment that the applicant was engaged as Contingency Paid Chaukidar on 25.04.1981 and for which, wages were being paid to him. The applicant was given temporary status w.e.f. 29.06.1991 in pursuance to the order of Apex Court and there is no Rule for grant of pensionary benefits to temporary status granted employee.

6. It is further stated in the counter affidavit that the applicant was not regularized till his superannuation i.e. 31.03.2017, he was not entitled for pensionary benefits.

7. 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. 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 Vs. Union of India and Others), whereby the Original Application was allowed and direction was issued to the respondents to the effect that services of the employee is deemed to be regularized and treated as regular employee of the department and the employee are entitled for all post retiral benefit as per the relevant statutory rules in force, which was affirmed by the Division Bench of the High Court vide judgment dated 23.12.2011 passed in Writ Petition No.60272/2009 (Union of India and Ors. Vs. Shyamlal Shukla). Against which, SLP (C) No.12264 was preferred by the Union of India and the Apex Court has also upheld the order of Tribunal as well as High Court vide judgment dated 06.08.2012.

PUNIT

8. Learned counsel for the applicant further submitted that the R order passed in Shyam Lal’s case taking into the consideration the