CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH Original Application No. 180/00048/2023 Wednesday this the 11^th day of March, 2026 CORAM:

HON'BLE Mr. JUSTICE SUNIL THOMAS, JUDICIAL MEMBER HON'BLE Mr. BRAJ MOHAN AGRAWAL, ADMINISTRATIVE MEMBER

1. Anilkumar N.S, Aged 65 years, S/o Sankaran, Naikaraparambil House, Ochanthuruth P.O.

Ernakulam District, Pin-682 508 {Retd Rigger (skilled), Southern Naval Command, Kochi-4}

2. P.A. Gopi, Aged 64 years, S/o Achuthan, Parambadi House, Elamkunnapuzha P.O.

Ernakulam District, Pin-682 503 {Retd Tradesman mate (TDM), Southern Naval Command, Kochi-4}

3. Joseph M.R, Aged 63, S/o Raphael, Mootherel House, Kumbalangi South, Cochin-682 007 {Retd Tradesman mate (TDM), Southern Naval Command, Kochi-4}.

4. K.T. Karunan, Aged 64, S/o Thevan, Vadakkumthara House, Edavanakkad P.O, Ernakulam District, Pin-682 502 {Retd Tradesman mate (TDM), Southern Naval Command, Kochi-4}

5. K.P. Sivadasan, Aged 63, S/o Pappu, Kuttikkattu House, Cherai P.O., Ernakulam District, Pin - 683 514.

{Retd Rigger (skilled), Southern Naval Command, Kochi-4}

6. P.K. Surendran, Aged 67, S/o Kumaran, Panambukadu House, Kumbalangi South, Cochin, Pin - 682 007.

{Retd Unskilled labour (USL), Southern Naval Command, Kochi-4.

7. N.G. Rajeevan, Aged 67 years, S/o C.K. Gopalan, Nikathil House, Puthuvypu P.O.,Ernakulam District, Pin-682 508 (Retd Tradesman mate (TDM), Southern Naval Command, Kochi-4)

8. C.B. Saravanan, Aged 66, S/o Bahuleyan C.S, Chakkalaparambil House, Kumbalam, Pin-682 506, Ernakulam, (Retd Rigger (skilled), Southern Naval Command, Kochi-4) - Applicants [By Advocate : Mr. A.X. Varghese & Mr. Jojo A.V]

V e r s u s

1. Flag Officer, Commanding-in-Chief, Headquarters Southern Naval Command, Cochin - 682 004.

2. Union of India, represented by its Secretary, Ministry of Defence, South Block, New Delhi -110 001.

3. Principal Controller of Defense Accounts(Pension), Draupadi Ghat, Allahabad - 211 014. - Respondents [By Advocate: Mr. M.N. Manmadan, SCGSC]

The Original Application having been heard on 04.03.2026, the Tribunal on

11.03.2026 delivered the following:

O R D E R

Per: Mr. Braj Mohan Agrawal, Administrative Member The applicants are civilian pensioners from Southern Naval Command, Kochi. They were initially appointed as casual labourers. Subsequently, by virtue of the order of this Tribunal in O.A No.640/1995 and OA No.54/1997, the applicants were granted temporary status. Thereafter, applicants were regularized in service as unskilled labourers. Applicants submit that similarly situated persons like the applicants, approached before the Tribunal by O.A.724/2011, praying for considering the period of casual service and temporary status service for the purpose of pensionary benefits. The said O.A. was allowed and 50% of the casual labour service on temporary status of the applicants therein was ordered to be reckoned as qualifying service for the purpose of fixation of their pension. Since the applicants herein also comes under the same footing, 50% of their casual labourer service on temporary status was reckoned as qualifying service for the purpose of fixation of their pension.

2. Applicants contend that in view of the dictum laid down by the Apex Court in Union of India & others Vs. Rakeshkumar & Ors. (AIR 2017 SC 1691), the applicants are also entitled to count 50% of casual service period as qualifying service for the purpose of pension and other retirement benefits. Further similarly placed persons like the applicants namely P.K.Paramu (MO (K), Alexander (NSR (Y), C.G.Suresh (NSR (Y) etc. were granted arrears of increment by counting entire temporary status period and 50% of casual service for fixation of pension. In the aforesaid circumstances, on 07.07.2022 the applicants submitted a representation before the 1st respondent with a request to reckon entire service period rendered as temporary service and 50% of casual service for the purpose of pension and retirement benefits and disburse the entire arrears for pension, gratuity and