Employees granted temporary status are entitled to pensionary benefits as regular employees, irrespective of formal regularization.

ORDER

Shri Vinay Kumar Gupta, counsel for the applicant and Shri Manoj Kumar Sharma, counsel for the respondents are present and heard.

2. By the instant O.A. the applicant has prayed for following relief(s):

-

“I. To set aside the impugned order no. Pension -1/P-I/ViVidh/Late Baladin/23-2/D-571 dated 13.10.2023 passed by respondent No. 4 with direction to the respondents to pay arrears of family pension since 01.12.2013, month to month family pension, death gratuity and other benefits with 18% interest till date of actual payment, admissible under CCS (Pension) Rules, 1972, and according to the identical judgments (Annexure no. A 6, 10 to 17).

II. to issue direction to pay GPF amount deducted (Annexure no. A-6) from her husband salary with interest which is fixed time to time under rules.

III. deleted by Court’s Order dated 16.01.2026.

IV. To issue any other direction to the respondents to which this Hon’ble Tribunal may deem fit and proper in view of facts and circumstances of the case.

V. to award cost to the applicant.”

3. The facts of case, as per pleadings in O.A., are that the husband of applicant was initially appointed as Contingency Paid Chaukidar at Sub Post Office Hadrukh, District Jalaun on 12.05.1980. The husband of applicant was granted temporary status w.e.f. 22.11.1991 and in the seniority list of temporary status Group-D officials, and he was physically examined and issued fitness certificate treating him as temporary Government employee. In the amount slip of 1996, the deduction towards GPF was shown and he was paid pay scale which was being paid to the temporary Group ‘D’ Government employee. In the year 2012, the seniority list of temporary employee was prepared, in which the name of husband of applicant was at serial No. 1. However, due to illness he had refused to take promotion as M.T.S. On 30.11.2013, the husband of applicant died in harness. However, as a retiral benefits, nothing have been allowed to the applicant being legal heir except the amount under the PIL Policy. Counsel for the applicant submitted that after appointment, the husband of applicant was granted temporary status being full time worker and allowed the minimum pay benefits and allowances as being paid to temporary Group ‘D’ employee. The husband of applicant had been working as temporary Group ‘D’ employee but, he was never regularized. Counsel for the applicant submitted that in view of Para-154(a) of the Manual of Appointment and Allowances of the Officers of the Indian Post and Telegraph department, the applicant is entitled for all retiral benefits. The applicant has represented her matter to the respondents from time to time. The applicant has relied upon the Judgment of this Tribunal, of the Hon’ble High Court as well as of the Hon’ble Supreme Court. Learned counsel for the applicant has also submitted that the similarly situated C.P. Chaukidar in the postal department has been allowed the benefit of post-retiral benefits, however, in her case same was refused on the ground that neither the husband of applicant is entitled for regularization nor for any post-retiral benefits. Aggrieved with impugned order passed by the respondents, the applicant has filed the present O.A.

4. The counter affidavit has been filed by the respondents wherein they have submitted that the applicant was appointed as contingent paid Chaukidar and thereafter applicant was granted temporary status on 29.11.1989. It is submitted by the respondents’ counsel that as per ADR plan received from the Circle Office, Lucknow vide letter dated 29.10.2012, one vacancy was approved for MTS for the year 2011 on selection cum seniority basis. In this regard, a notification was issued and in the notification, Late Baladin was at serial No. 1 in the seniority list