CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No. 2929/2017 This the 22nd April, 2025 HON’BLE DR. ANAND S KHATI , MEMBER (A)

Kishan Lal s/o Sh. Nath Ram, retired as Gateman, while working under SS(P.Way), Delhi Sarai Rohilla.

r/o New Colony, Garhi Harsaru, Near Railway Phatak, Gurgaon .…Applicant (By Advocate : Mr Yogesh Sharma)

VERSUS

1. Union of lndia through the General Manager, Northern Railway, Baroda House, New Delhi.

2. The Divisional Railway Manager, Northern Railway, Delhi Division, State Entry Road, New Delhi.

3. The Assistant Divisional Engineer(ADEN), Northern Railway, Delhi Sarai Rohilla, Delhi .... Respondents (By Advocate : Mr G S Virk)

ORDER (ORAL)

The applicant, who was appointed with the respondents as casual labour initially on 21.11.1977 and subsequently received a temporary status on 24.10.1982, is seeking the following reliefs: -

(i) That the Hon’ble Tribunal may graciously be pleased to pass an order directing the respondents to count entire service i.e. w.e.f. 24.10.1982 till 16.4.2013 and half casual service w.e.f. 22.l1.1977 till 23.10.1982 as a qualifying service for granting retirement benefits and consequently grant the same to the applicant with all the consequential benefits with difference of amount with interest.

(ii) That the Hoh’ble Tribunal may graciously be pleased to pass an order of counting 50% casual service and entire service from the date of appointment w.e.f. 24.10.1982 as a qualifying service for granting the benefits of MACP scheme and consequently pass an order directing the department to grant 3rd financial up gradation to the applicant und er MACP Scheme in Grade Pay of Rs. 2400/- from due date with all the consequential benefits including the re-fixation of pay, re-fixation of retirement benefits, arrears of difference or pay and allowance with interest.”

2. During course of the arguments, learned counsel for the applicant draws my attention to the proceeding of this Tribunal dated 26.09.2024. The same is reproduced herein below:- “Learned counsel for the applicant relies upon the Railway Board Circular RBE 36/2010, specifically highlighting paragraph 2, which reads as under:

"Further, on demand from both the federations that the entire service of the substitutes on their absorption in regular service may be reckoned for MACPS purposes, the matter has been carefully considered by the Board. It is found that unlike casual labours whose 50% of temporary status service counts for pensionary benefits, temporary status service in full of the substitutes counts for pensionary benefits. It has, therefore, been decided that the entire temporary status service of substitutes followed by regularization without break may be taken into account towards the minimum service of 10, 20 and 30 years for the purpose of grant of benefit under the MACP Scheme."

He further draws support from the judgment of the Hon’ble Supreme Court of India in Civil Appeal No. 3938/2017 arising out of SLP No. 23723/2015, decided on 24.03.2017, in the case of Union of India & Ors. vs. Rakesh Kumar & Ors. The relevant portion of the judgment reads as under:

"55. In view of foregoing discussion, we hold:

i) the casual worker after obtaining temporary status is entitled to reckon 50% of his services till he is regularised on a regular/temporary post for the purposes of calculation of pension.

ii) the casual worker before obtaining the temporary status is also entitled to reckon 50% of casual service for purposes of pension.

iii) Those casual workers who are appointed to any post either substantively or in officiating or in temporary capacity are entitled to reckon the entire period from date of taking charge to such post as per Rule 20 of Rules, 1993 iv) It is open to Pension Sanctioning Authority to recommend for relaxation in deserving case to the Railway Board for dispensing with or relaxing requirement of any rule with regard to those casual workers who have been subsequently absorbed against the post and do not fu