CENTRAL ADMINISTRATIVE TRIBUNAL JODHPUR BENCH, JODHPUR Original Application No. 290/00077/2019 Date of Pronouncement: 15.07.2025 Reserved on : 21.05.2025 CORAM HON’BLE Mr JUSTICE RAMESHWAR VYAS, MEMBER (J)

HON’BLE Dr AMIT SAHAI, MEMBER (A)

Kis-mat Ali Ansari son of Shri Thag Ansari, aged about 60 years, resident of Plot No. 30, Phase-II, Suryanagar Colony, Badopur Road, Suratgarh Distt. Sriganganagar, last employed on the post of Farm Attendant cum Chowkidar (TSW) (re-designated as Multi Tasking Staff) in Central Cattle Breeding Farm Suratgarh, Distt-

Sriganganagar.

......Applicant By Advocate : Mr Ajay Kumar Kaushik.

Versus

1. Union of India through the Secretary to the Govt. of India, Ministry of Agriculture, Department of AH, Dairyng & Fisheries, Krishi Bhawan, Rafi Ahmed Kidwai Marg, Rajpath Area, New Delhi-110001.

2. The Director, Central Cattle Breeding Farm Suratgarh, Distt-Sriganganagar.

3. The Secretary to Govt. of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, North Block, New Delhi-110 001.

......Respondents By Advocate : Mr K.S. Yadav.

ORDER Per : Hon’ble Mr Justice Rameshwar Vyas Being aggrieved by non-grant of pension and other retirement benefits, the applicant has preferred this OA with prayer to direct the respondents to recon his service qualifying service as 17 years 8 months under Old Pension Scheme by treating him as having temporary status prior to his regularization as per OM dated 26.02.2016 (Annex. A/7).

2. The facts necessary to adjudicate this OA are as under:- 2.1 The applicant was initially appointed as seasonal casual labour in the office of 2^nd respondent on 02.02.1982. His engagement was discontinued on 14.08.1987. Thereafter, he raised the dispute before the Labour Commissioner (Central). Thereafter, he made a request for re-engagement which was examined by the Department of Animal Husbandry & Dairying, thereafter it was decided vide letter dated 22.07.1997 (Annex. A/3) to engage the applicant as a Daily Rated Worker afresh if he accepts the terms & conditions stated by the Director in his letter dated 09.06.1996 that he will not file any case in any court for previous dispute and will not claim back wages. After withdrawal of the case by the applicant, he was re-engaged in July 1997. Thereafter, he represented to the Department of Animal Husbandry & Dairying that neither he has been paid 1/30^th of minimum of Group ‘D’ as per OM dated 30.05.1989 nor given temporary status. On the above request, vide letter dated 10.02.2000 (Annex. A/3), the Director to the Govt. of India, Department of Animal Husbandry & Dairying directed the Central Cattle Breeding Farm Suratgarh (CCBF Suratgarh) to pay him wages @ 1/30^th of minimum of Group ‘D’ with effect from the date he was taken back.

2.2 In compliance with the above letter, office order dated 01.03.2000 (Annex. A/4) was issued by CCBF Suratgarh whereby the applicant was sanctioned wages @ 1/30^th of minimum of Group ‘D’ in the pay scale of Rs 2550-55-2660- 60-3200 w.e.f. 14.08.1997. Thereafter, vide order dated 09.05.2011 (Annex. A/5), the applicant was offered appointment on the temporary post of Farm Attendant cum Chowkidar redesignated as “Multi Tasking Staff” [MTS Group ‘C’]. The above offer was accepted by the applicant and thereafter, he retired after attaining the age of superannuation on 28.02.2019.

2.3 As per Ministry of personnel, Public Grievances and Pensions (Deptt. of Personnel and Training) OM dated 10.09.1993 (Annex. A/6), the Govt. of India formulated a Scheme called “Casual Labourers (Grant of Temporary Status and Regularization) Scheme of Government of India, 1993” [hereinafter referred to as Regularization Scheme of 1993] whereby guideline was issued that casual labourers who were in employment on the date of issue of this OM and who had rendered a continuous service of at least one year would be conferred temporary status.

2.4 It is the case of the applicant that he was paid due wages as admissi