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2024 Supreme(Online)(CAT) 13595
CENTRAL ADMINISTRATIVE TRIBUNAL
Ajay Pratap Singh, J
Indirawati Devi – Appellant
Versus
The Union of India through the Secretary cum DG, Department of Posts – Respondent
Original Application | 19 | OA No.92/2017 | OA No.164/2008 | OA No.113/2020
For the Appellants/Petitioners: Shri Jayant Kumar Karn
For the Respondents: Shri G.S. Prasad, Addl. CGSC
A temporary status employee is entitled to pension and family benefits if they complete requisite service, regardless of not formally joining the post before death. Violations of statutory rights warrant judicial relief.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Central Civil Services (Temporary Services) Rules, 1965 - Section 10 - Claim for family pension and other retirement benefits - Denial by respondents on grounds of applicant’s husband not being a regular employee - Court held that husband qualified for benefits after conferral of temporary status and completion of service requirements - The Department failed to grant entitlements, thereby failing in fulfilling the statutory provisions and leading to violation of Articles 14 and 21 of the Constitution. (Paras 14, 24, 37)
(B) Pensionary benefits - Classification of service - The husband of the applicant, being conferred temporary status with requisite years of service, legally entitled for retrospective family pension and other benefits notwithstanding his death before joining the new post - Court emphasized that temporary and quasi-permanent employees should be accorded parity with regulars. (Paras 46, 50, 61)
Facts of the case:
The deceased employee served since 1982, conferred temporary status in 2001, appointed to MTS cadre in March 2016, died shortly thereafter. Claims for benefits denied; thus, the applicant challenged the order citing failure of duty towards the deceased and applicable regulations.
Findings of Court:
Applicant's husband entitled to benefits as per statutory provisions after lengthy service; claim upheld.
Issues: Whether the temporary status employee is entitled to retirement benefits if appointed but not able to join the position before death?
Ratio Decidendi: Court determined no employee should suffer from the regularization process, especially after a significant period of service, and benefits accrued prior to death should be recognized under the applicable rules.
Result: The Original Application is allowed; respondents directed to settle dues. (Para 62)
| Table of Content |
|---|
| 1. details of the applicant's husband's employment status and benefits (Para 3 , 4 , 5 , 6 , 7) |
| 2. arguments presented by both parties regarding entitlement to pension (Para 12 , 13) |
| 3. relevant statutory framework and rules regarding temporary employees (Para 15 , 18 , 19 , 20 , 24) |
| 4. recognition of rights accrued to long-serving temporary employees (Para 35 , 42 , 46) |
| 5. final decision on granting pension and related benefits to the applicant (Para 61 , 62 , 65) |
ORDER
PER:- AJAY PRATAP SINGH, MEMBER [JUDICIAL]
1. Heard learned counsel for parties with consent 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. Letter No.1124(B-15/CAT/92/2017/Indrawati Devi) Dated at Samastipur the 11.11.2019, containing undated Speaking Order issued by Superintendent RMS ‘NB’ Division, Samastipur as contained in Annexure A/1, whereby the claim applicant of applicant for her family pension, death benefit and retiral benefits has erroneously been rejected, may be quashed and set aside.
B. The respondent authorities may be directed to settle and release pensionary and other death benefits to the applicant at the earliest.
C. The respondent authorities may be directed to settle and release the amount of DCRG, and to pay the same to the applicant along with admissible statutory interest upon the amount of arrears.
D. The respondent authorities may be directed to settle the family pension of the applicant and to release the arrears to her along with admissible interest thereupon.
E. 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 her husband Shri Amardeo Prasad was employed in RMS NB Division Samastipur, employe as Casual Labour on 25.11.1982 after being empanelled on being sponsored by employment exchange. He was conferred temporary status w.e.f. 01.01.2001 vide Office Order dated 14.02.2001 (Annexure A/2) and extended all benefits of a temporary status employee vide the said order. Having continuously worked for three years on the post from 01.01.2001, he became entitled for grant temporary status at par with Group ‘D’ w.e.f. 01.01.2004 as per the departmental rules.
4. Vide Memo dated 17.03.2016 (Annexure A-3) issued by Superintendent, RMS ‘NB’ Division, Samastipur, husband of the applicant being selected in pursuance to recommendation of DPC held on 14.03.2014, was ordered his appointment vide Order dated 17.03.2016 (Annexure A-3) in MTS cadre in Pay Band of Rs.5200-20200 (PB-1) with GP of Rs.1800/-. Unfortunately, after only three days of issuance of Annexure A-3, husband of applicant died on 20.03.2016 and as such could not join the post of MTS.
5. Applicant approached the respondent authorities for grant of family pension as well as retiral/death benefits, i.e, DCRG, GPF, Leave Encashment, Compulsory Insurance etc. but the department issued impugned order dated 11.11.2019 (AnnexureA-1) denying the claim on the ground that her husband was not a regular employee, died before joining MTS post, hence, no benefits would be allowed to her. The act on part of the respondents is wholly unjustified and against all settled norms. Upon death of husband of the applicant, his entire family has now been left to starve.
6. It is the case of the applicant that the action of the respondents is violative of the statutory rules containing benefits for temporary employees as well as against the settled norms. Conditions of service of temporary employees of the Central Government are regulated under the provisions of the Central Civil Services (Temporary Service) Rules, 1965 and under the same rules, the husband of applicant, who has completed more than ten years of service, is entitled to receive family pension as well as other reti
