CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA Dated: 13.11.2024 CORAM HON’LE SHRI KUMAR RAJESH CHANDRA, MEMBER (A)

HON’BLE SHRI RAJVEER SINGH VERMA, MEMBER (J)

1. Ganesh Son of Late Darbari, Ex Trackman under Deputy Chief Engineer (CON), East Central Railway, Dhanbad, Resident of Village- Kherabera, Post-Gomoh, District-Dhanbad 826001.

2. Shova Son of Late Prasadi, Ex Khalsi under Junior Engineer (CON), East Central Railway, Beramo O/O the Deputy Chief Engineer (CON), East Central Railway, Dhanbad Resident of Village- Chaita, Post-Gomoh District-Dhanbad 826001.

……………Applicant (By Advocate: Shri M.P. Dixit)

Versus

1. The Union of India through the General Manager, East Central Railway, Hajipur, District-Vaishali, (Bihar) 844101.

2. The General Manager (Personnel), East Central Railway, Hajipur, District-Vaishali, (Bihar) 844101.

3. The Chief Administrative Officer (Con), East Central Railway, Mahendrughat, Patna (Bihar) 800004.

4. The Deputy Chief Engineer (Con), East Central Railway, Dhanbad. 826001.

5. The Senior Divisional Financial Manager, East Central Railway, Dhanbad 826001.

……………Respondents (By Advocate: Shri Awadhesh Kr. Singh)

O R D E R (O R A L)

PER : RAJVEER SINGH VERMA, MEMBER [JUDL.]

1. The present Original Application has been filed by the applicants for seeking direction to the respondents to reckon 100% of casual workers their services after obtaining temporary status till they are regularized on a regular/temporary post instead of 50%. So also casual worker before obtaining the temporary status are also entitled to reckon 50% of casual services for purposes of pension and pensionary benefits and revise the pension and pensionary benefits and pay arrears with interest @ 15%.

2. The applicants have claimed following main relief(s) (as extracted from the OA) as under:-

“8.1 That your Lordships may graciously be pleased to command /direct the Respondents to count entire service of applicants rendered under Temporary status as full i.e. 100% instead of 50% and further be pleased to direct them to count 50% service of applicants rendered as Casual Labour in view of the judicial pronouncements as contained in Annexure A / 2 without any further delay.

8.2 That the Respondents be further directed to revise the entire pensionary benefits accordingly and make payment of arrears with 15% interest together with all consequential benefit.

8.3 Any other relief or reliefs including the cost of the proceeding may be allowed in favour of the Applicants.”

3. Short facts giving rise to the instant OA that the applicants were initially appointed as casual labour in August 1964 and before 1981 they were subsequently been granted with Temporary Status w.e.f. 01.01.1981 and thereafter they have been regularized on 01.04.1988 and 01.09.183 respectively. They were superannuated from the service on 31.03.2006 and 30.11.1997 respectively while working as Trackmen and Khalasi.

4. The applicants have further stated that respondents have not counted towards qualifying service for pension and pensionary benefits rendered as casual labour before obtaining the temporary status and the applicants are entitled for 100% counting of service rendered after obtaining temporary status till they are regularized on the regular post, whereas respondents reckoned only 50% of their service as temporary status casual worker.

5. It is also the case of the applicants that in similar facts and identical legal issue this Tribunal in a matter titled as Manikant Jha Versus Union of India & ors allowed the O.A. vide order dated 02.09.2006 in O.A. No. 505/2005. Thereafter, Hon’ble Supreme Court in Special Leave to Appeal (Civil) No.(s) 20041/2008 titled as Union of India and others Versus Sarju with four connected cases vide order dated 30.09.2011 upheld the orders of this Tribunal and Hon’ble High Court Patna and directed to respondents to count the full service, 100% period of service of casual worker after obtaining temporary status till they are regularized on a regular pos