CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH, HYDERABAD ORIGINAL APPLICATION NO.020/00121/2023 HYDERABAD, this the 05^th day of August, 2025 HON’BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER SHAGI MALLAPPA, S/o Lingappa Aged: about 72 Yrs, Occ: Retd. Safaiwala Door No.2-57, Mangalagiri Chippagiri Mandalam Kurnool District, Chippagiri – 518396.

ANDHRA PRADESH. …Applicant (By Advocate Sri K.Altaf Hussain)

Vs.

1. UNION OF INDIA, REPRESENTED BY THE SECRETARY Railway Board, Rail Bhavan Ministry of Railways NEW DELHI.

2. The GENERAL MANAGER South Central Railway Rail Nilayam, 3^rd Floor SECUNDERABAD – 500 025.

3. The PRINCIPAL CHIEF PERSONNEL OFFICER South Central Railway Rail Nilayam, 4^th Floor SECUNDERABAD – 500 025.

4. The DIVISIONAL RAILWAY MANAGER Guntakal Division, South Central Railway GUNTAKAL, ANDHRA PRADESH.

5. The SENIOR DIVISIONAL PERSONNEL OFFICER Guntakal Division, South Central Railway GUNTAKAL, ANDHRA PRADESH.

6. The SENIOR DIVISIONAL FINANCIAL MANAGER Guntakal Division, South Central Railway GUNTAKAL, ANDHRA PRADESH.

7. The GENERAL MANAGER Rail Soudha, South Western Railway Gadag Road, Hubli-580020 KARNATAKA STATE.

8. The DIVISIONAL RAILWAY MANAGER HUBLI DIVISION, South Western Railway Bhavani Nagar, Hubballi – 580023 KARNATAKA STATE.

9. The SENIOR DIVISIONAL PERSONNEL OFFICER HUBLI DIVISION, South Western Railway Bhavani Nagar, Hubballi – 580023 KARNATAKA STATE. ...Respondents (By Advocate Sri. M.Venkata Swamy, Sr.PC for CG)

ORAL ORDER PER: HON’BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER

1. In this OA, the applicant is seeking the following relief:

“...to call for the Service Register, Representation, dt.10.11.22 and other relevant records of the applicant and direct the respondents herein to reckon the 50% of service rendered by the applicant from the date of his initial appointment as Piece Rate Labour till his regular absorption for the purpose of reckoning the total service for calculation of retiral benefits namely gratuity, pension and other consequential benefits and pass such other order or orders as this Hon’ble Tribunal may deem fit and proper in the circumstances of the case and thus render justice.”

2. It is the case of the applicant that he was employed as Piece Rate Labour (PRLS) in Transhipment Shed at Guntakal of South Central Railway on 02.11.1978. He continued as such on temporary basis for a period of 2357 days. Subsequently he was absorbed as Safaiwala in Traffic Department and retired on 30.09.2011 on attaining the age of superannuation. However, the period of service is indicated in his Service Certificate as ‘from 14.06.2002 to 30.09.2011’ and the respondents have failed to take into account the temporary service rendered by him for the purpose of calculation of pension and other benefits.

3. It is submitted that the Railway Board by its letter, dt.25.02.2010, had directed the Railways to take into account the entire temporary and substitute service for extending MACP Scheme to such of those employees who had worked on temporary and substitute basis. If the same logic is extended, the applicant is also entitled to the benefit of counting 50% of their total temporary service for the purpose of granting gratuity and pensionary benefits. The co-ordinate Benches of this Tribunal at Chennai and Ernakulam in OA No.360/2011 &

Oa.No.440/2002 respectively, have also ordered that temporary Railway Servants are entitled to the benefits of counting 50% of their total temporary service for the purpose of granting gratuity and pensionary benefits.

4. It is further submitted that this Tribunal in OA.No.1368/2015 has directed the respondents to consider the case of the employee therein by following the judgment passed by the Hon’ble Supreme Court in the case of Union of India & Others vs. Rakesh Kumar in Civil Appeal No.3938/2017, wherein it was categorically held that 50% of temporary / casual service rendered prior to regularization shall be counted for the purpose of pensionary benefits. In a similar case in Civil Appe