Employees with temporary status are entitled to pension and benefits, despite the absence of formal regularization, based on continuous service and similar precedents.

ORDER

Heard Shri Jaswant Singh, learned counsel for the applicant and Shri Chakrapani Vatsyayan, learned counsel for the respondents and with the consent of learned counsel for both the parties, the matter is being disposed of at the Admission stage.

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

8. (i). This Hon‟ble Tribunal may be pleased to direct the respondents to grant the applicant entire pensionary benefits including pension w.e.f. 25.02.2020.

(ii) This Hon‟ble Tribunal may be pleased to direct the respondents to allow the applicant pension and other post retiral benefits on his retirement on 24.02.2020. The applicant may also allowed the interest @ 12 % per annum thereupon following the ratio of law laid down by this Hon‟ble Court in catena of cases, affirmed by the Hon‟ble High Court and Hon‟ble Supreme Court.

8 (iii) 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.

3. The fact as reflects from the records of the Original Application that the applicant was initially appointed/engaged as a Contingency Paid Chaukidar on 26.05.1982 at Nadigaon Sub Post Office, Konch, Jhansi. He was granted temporary status 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 on 24.02.2020 on attaining the age of superannuation i.e. 60 years.

4. It is further averred in the original applicant that after superannuation, the applicant filed a representation on 07.05.2020 before the respondents, claiming post retiral benefits as well as pension, but no heed was paid. Hence, instant Original Application has been filed.

5. The counter affidavit has not been filed from the side of the respondents in spite of several opportunities granted to the respondents.

6. Learned counsel for the applicant submits that the case of the applicant is squarely covered by the judgment of Allahabad High Court dated 01.12.2023, passed in Civil Misc. Writ Petition (A) No.10505 of 2023 (Union of India & Ors. Vs. Heera Lal & Anr. The applicant is entitled for all service benefit including the pension etc. w.e.f. the date of his initial appointment.

7. Learned counsel for the applicant further submits 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.

8. Learned counsel for the applicant further submitted that the order passed in Shyam Lal’s case taking into the consideration the order dated 02.09.2005 passed this Tribunal in OA No. 917/2004 ( Chandi Lal Vs. U.O.I & ors.). Against which, a Writ Petition No.11297/2006 was filed, which was also dismissed by Allahabad High Court vide judgment dated 02.03.2007, which too was confirmed by Supreme Court vide order dated 03.03.2008 passed in SLP (Civil)--------/2008 (CC 3248/2008).

9. On