CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH OA No. 107 OF 2022 Reserved on :27.02.2026 Pronounced on :10.03.2026 Coram : Hon’ble Mr. Sudhi Ranjan Mishra, Member (J)

Hon’ble Mr. Pramod Kumar Das, Member (A)

1. Sri Bijay Kumar Swain, aged about 55 years, Son of Pravakar Nagendra Swain, At – Delanga Charipadia, PO Jorakani, PS Kanas, Dist Puri at present working as Helper in Electrical TRD (RRD), E. Co Railway, Khurda Road, Khurda.

2. Shri Ajay Kumar Pradhan @ Champatiray, aged about 56 years, Son of Late Govinda Chandra Pradhan, AT Bottola, PO Mutari, Dist Puri, presently working as Helper in Electrical TRD, E.

Co Railway, Sakhigopal, Puri.

……Applicants VERSUS

1. Union of India represented through the its General Manager, E. Co. Railway, Rail Vihar, Chandrasekharpur, Bhubaneswar, PIN 751023.

2. Director Finance (Estt.), Govt. of India (Bharat Sarkar), Ministry of Railways (Rail Mantralaya), Railway Board, New Delhi.

3. The Chief Personnel Officer, E. Co. Railway, Rail Vihar, Chandrasekharpur, Bhubaneswar, PIN

751023.

4. Senior Divisional Personnel Officer, E Co Rly, Khurda Road, Khurda PIN 752050.

5. The Divisional Railway Manager (P), E Co Railway, Khurda Road, PO Jatni, Dist Khurda, PIN 752050.

……Respondents For the applicant : Mr. J M Pattnaik, counsel Mr. Jyoti Ranjan Behera, counsel For the respondents: Mr. B N Swain, counsel O R D E R Hon’ble Mr. Sudhi Ranjan Mishra, J.M.

The applicants aggrieved by order dated 09.02.2022 passed by the respondents wherein their prayer for coming under the purview of Old Pension Scheme has been rejected has filed this OA praying for following reliefs:

a) To declare/hold that as the applicants were entered to pensionable establishment of railway much prior to 1.1.2004 delay in regularization being not attributable to them they cannot be ousted from the purview of Old Pension Scheme merely because they were regularized after 1.1.2004 and accordingly be pleased to quash the order of rejection No. P/CC/4962/OA No. 560/2021/Elect. (TRD)

dated 09.02.2022 (Annexure A/1).

b) And as a consequence be pleased to direct the respondents to bring the applicants within the purview of Old Pension System RS (Pension) Rules, 1993 as per the policy decision and rules of the Railway which has been extended to all similarly situated employees and grant them pension for their survival in old age;

c) And further be pleased to direct the respondents to regularize their services with effect from the date when his juniors were regularized vide order under Annx. A/8 for the purpose of bringing them within Old Pension Rules.

d) And further be pleased to direct th3 e respondents to grant the applicants consequential service and financial benefits retrospectively;

e) And be pleased to pass any other order/orders as deemed fit and proper.

2. The brief facts of the case as inter alia averred by the applicant in the OA is that the applicants were engaged as Casual Laborers in RRB/BBS or B/Peons rising from 04.02.1986 against essential safety category posts. Thereafter they were retrenched from service however after along battle in different Courts, and in compliance of the order of Hon’ble Court, the names were kept in the live casual labour register vide order dated 21.12.2000. It is submitted that on the recommendation of the committee, the applicants were appointed as substitute Group D employees in Railway vide order dated 15.10.2003 and 23.06.2005. It is submitted that for the purpose of regularization as a substitute Gr. D employee the respondents conducted screening test and published a panel dated 18.12.2006 and accordingly regularized the applicants vide order dated 13.02.2007. It is submitted that since the regularization of the applicants were made after the cut off date of 2004, ignoring their past service as Substitute Gr. D they were brought within the pu4r view of National Pension Scheme. It is submitted that Govt. of India, Department of Pension & Pensioners Welfare issued OM dated 17.02.2020 and Department of Economic Affa