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2024 Supreme(Online)(CAT) 17809
CENTRAL ADMINISTRATIVE TRIBUNAL
Manish Garg, J, Anand S. Khati, A
Surender Kumar – Appellant
Versus
Union of India – Respondent
O.A. No. 1196/2022
For the Appellants/Petitioners: Yogesh Sharma
For the Respondents: R.S. Rana
50% temporary status service counts only for pensionary benefits, not MACP upgradations; regularization must align with tribunal directives and juniors' dates.
Headnote:The judgment addresses the regularization of casual labour service under railway employment rules and the Casual Labourers (Grant of Temporary Status and Regularization) Scheme. Essential facts include the applicant's initial casual engagement from 1977, re-engagement post-tribunal orders, screening participation in 1995, delayed regularization in 2009 despite exoneration from charges, and retirement in 2014 with disputed service counting for benefits. The court determined non-compliance with prior tribunal directives for backdated regularization from juniors' date and clarified limits on temporary service for upgradations. Key issues framed as entitlement to regularization from screening date or juniors' date with consequential benefits, and counting 50% temporary status service for financial upgradations under ACP/MACP. Ratio decidendi emphasizes enforcement of tribunal order dated 17.08.2001 for regularization parity, rejection of pre-temporary casual service counting per Supreme Court precedent, and DoP&T O.M. restricting 50% temporary service to pensionary benefits only, not MACP, distinguishing substitutes from casual labourers. O.A. allowed; directed regularization from juniors' date, admissible financial upgradations on regular service, pay refixation on notional basis, pension recalculation including 50% temporary service, with arrears payment within three months.
| Table of Content |
|---|
| 1. applicant's service history and prior tribunal orders for regularization. (Para 2) |
| 2. respondents' compliance claims and dop&t restrictions on macp. (Para 3) |
| 3. rejoinder arguments and review of pleadings. (Para 4 , 5) |
| 4. enforcement of prior tribunal directive for backdated regularization. (Para 6 , 7 , 8) |
| 5. limits on temporary service for macp versus pension benefits. (Para 9 , 10) |
| 6. directions for regularization, upgradations, and pension refixation. (Para 12 , 13) |
ORDER
Hon’ble Dr. Anand S. Khati, Member (A)
The grievance of the applicant in the present O.A. is that the respondents have not considered his request for fixation of retirement benefits after counting correct years of regular service and also not granted two financial upgradations after counting 50% temporary status service as per the undertaking given before the Tribunal in O.A. No.337/2012.
2. Briefly stated, the applicant was initially appointed as Khallasi on casual basis w.e.f. 11.11.1977 and, thereafter, he was disengaged on completion of work. He was re-engaged on 20.08.1981 and further disengaged on 01.10.1983. Challenging the same, the applicant filed O.A. No. 2242/1990 which was allowed by this Tribunal vide Order dated 28.08.1992 by directing the respondents to reinstate the applicant as a casual labourer whenever vacancy exists, in accordance with the length of service put in by him. In compliance thereof, the applicant was re-engaged in service vide order dated 13.11.1992 and posted at Sadalpur Station of Northern Railway. Subsequently, his case for regularization was considered along with other similarly situated persons in the Screening conducted on 27.12.1995. However, his result was not declared whereas the results of his junior and other persons were declared.
2.1 The applicant again preferred O.A. No. 951/2000 and another O.A. No.362/2004 before this Tribunal seeking declaration of his Screening Result and for his regularization. The O.A. No.951/2000 was disposed of by this Tribunal vide Order dated 17.08.2001 with a direction to consider the case of the applicant after declaring the result of the Screening held on 27.12.1995. In case the applicant qualified the same, he should be accorded regularisation from the date his juniors have been accorded the same, with all consequential benefits. The respondents, instead of declaring his result, issued a major penalty charge sheet vide memorandum dated 13.07.2004 alleging that he obtained further engagement by producing bogus casual labour entries in casual labour card, however, he was exonerated of the charge vide order dated 31.03.2007.
2.2 After completion of disciplinary proceedings, the applicant submitted representation for regularization, but received no response. Feeling aggrieved, he filed O.A. No. 1831/2009 and during the pendency of the said O.A., the respondents passed order dated 06.07.2009 regularising his services. Accordingly, the O.A. was withdrawn by the applicant with liberty to seek appropriate remedy. Thereafter, the applicant preferred O.A. No.337/2012 seeking regularisation from the date of regularization of his juniors, which was disposed of as infructuous on the basis of affidavit filed by the respondents stating that “the applicant has since been assigned his due seniority at item No. 55 in the seniority list of Sig. Helper-I issued on 11.02.2011 ….. it is submitted that the applicant has been allowed all the benefits as claimed in the present OA”.
2.3 The applicant retired on 31.12.2014 on attaining the age of superannuation. The applicant is aggrieved that the respondents have counted his regular service of 13 years w.e.f. 07.07.2009, whereas the same should be counted from the date of Screening or at least w.e.f. 30.10.1996, as per the affidavit filed before this Tribunal and he has already completed more than 20 years of service after counting 50% temporary status service and regular service w.e.f. 30.10.1996 and he is entitled for two financial upgradations.
