CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA Reserved on: 27.08. 2024 Pronounced on:03.09.2024 C O R A M HON’BLE MR. AJAY PRATAP SINGH, MEMBER [J]

Uma Shankar Prasad Sinha s/o Late Rajendra Prasad Sinha, at present posted as Group-D at Postal Store Depot, Muzaffarpur.

………. Applicant -Versus-

1. The Union of India through the D.G. cum Secretary, Department of Patna Bench Posts, Dak Bhawan, New Delhi – 110 001.

2. The Chief Postmaster General, Bihar Circle, Patna-800001.

3. The Postmaster General, Northern Region, Muzaffarpur – 842002.

4. The Director of Postal Services, O/o the Post Master General, Northern Region, Muzaffarpur-842002.

5. The Superintendent, Postal Store Depot, Muzaffarpur-842001.

……..Respondents For Applicant:- Shri Jayant Kumar Karn, Advocate.

For Respondents:- Smt. P.R. Lakshmi, Addl. CGSC O R D E R PER:- AJAY PRATAP SINGH, MEMBER [JUDICIAL]

1. Heard learned counsel for parties through video conferencing mode.

PRAYER

2. By way of present Original Application filed under Section 19 of Administrative Tribunals Act 1985, applicant has sought the main relief (as extracted from OA) as under:-

“A The respondent authorities be directed to allow Pension and all other Pensionary benefits to applicant by issuing necessary orders to this effect, in terms of Orders passed by this Hon’ble Tribunal upheld by Hon’ble Patna High Court, as contained in Annexure A/11 series.

B) Any other relief/reliefs as the applicant is entitled and Your Lordships may deem fit and proper in the ends of justice.”

FACTS IN BRIEF

3. Briefly stated facts as adumbrated by applicant in the instant OA are that applicant was duly recruited through employment exchange through test and vide appointment order dated 24.01.1984 (Annexure A-1) engaged as Casual Labour at Postal Store Depot, Muzaffarpur w.e.f. 26.06.1983. Subsequently, applicant was enrolled as Muster Roll Mazdoor along with five other employees vide order dated 24.01.1984 (Annexure A-2). Thereafter, applicant Patna was conferred temporary status w.e.f. 01.01.1992 vide order dated 24.03.1992 Bench issued by Superintendent PSD, Muzaffarpur of Post Offices Division.

4. Pursuant to Memo No. PSD/Vacancy Position/Group-D dated 01.11.2007 (Annexure A-3) issued by the respondents, applicant was recommended for absorption in departmental cadre against the vacancy created due to retirement/death of Group-D w.e.f. 01.11.2007 vide order dated 28.11.2007 (Annexure A-4) and appointed as Temporary Group-D and all facilities of Group-D were extended to the applicant. Subsequently, applicant was made permanent w.e.f. 01.11.2009 after completion of two years of continuous satisfactory service vide order dated 24.11.2009 (Annexure A-5).

5. It was to dismay of the applicant that vide order dated 04.03.2011 applicant was ordered his relieving with immediate effect. Aggrieved, applicant approached this Tribunal by way of OA No.148/2011, which was decided on 31.05.2013 along with other connected matters with the reinstatement as TS Casual Worker prior to issue of order of relieving with same terms and conditions. Consequent upon the aforesaid Tribunal’s order, the respondents circulated a Policy decision in pursuance to Hon’ble Supreme Court decision in Uma Devi’s case wherein it has been stipulated that the Casual Labours having worked for 10 years or more are to be regularized.

6. Applicant, being a low paid employee, approached the respondents praying for regularization but of no help. Applicant’s services were not regularized despite being covered as per aforementioned policy decision and finally he was issued order dated 24.04.2017 by the Superintendent, PSD, Muzaffarpur permitting him to retire w.e.f. the afternoon on 30.04.2017. After retirement, applicant is being denied his legitimate claim of pension and other pensionary benefits.

Patna Bench

7. Applicant has served the respondent department from 26.06.1983 till his retirement on 30.04.2017 after rendering more than 33 years of service. He was conferred Temporary