Casual labour service prior to 2004 does not qualify for OPS if regularized post-NPS via screening, per Rule 20 and DoPT OMs.

O R D E R

(Hon'ble Ms. Veena Kothavale, Member(J)

Applicant has filed this OA under section 19 of the Administrative Tribunal Act seeking the relief to quash the impugned order dated 04.09.2023 passed by the 2^nd respondent and to direct the respondents to treat applicant's engagement during the period from 02.03.1982 and continued till 30.10.1982 on casual nature as pension qualifying service allowing the old pension scheme in favour of the applicant.

2. The case of the applicant is that he was initially engaged as casual labourer in the office of Permanent Way Inspector (presently, Senior Section Engineer-Permanent Way) on 02.03.1982 and continued till 31.10.1982 in different spells for over a period of 181 days and thereby retrenched and was included in the Casual Labour Live Register on Priority No.1031. In 2003, applicant was asked to report between the period from 17/03/2003 to 19/03/2003 in view of the proposal to fill up existing vacancies. The documents produced by the applicant was verified in September 2003 but thereafter there was no feedback. Applicant gave a representation in 2004 to which there was no response. Hence he filed O.A. No. 377 of 2004 before the Ernakulam Bench of this Tribunal wherein the respondents were directed to consider him for absorption in preference to his juniors appointed pursuant to 2003 notification. Thereby, the applicant was appointed as a temporary Trackman vide order dated 05.12.2005 and was brought under New Pension Scheme.

3. The applicant submitted many representations for switching over to Old Pension Scheme. As there was no response, he filed O.A. No.112 of 2020 and the same was disposed of at the admission stage with direction and in response, the order dated 04/01/2021 was issued rejecting the claim made by the applicant. Against the said order, applicant filed O.A. No. 851 of 2021. While the same was pending, the Railway Board issued the order No.41/2023 dated 10/03/2023 to seek option for switching over to Old Pension Scheme and hence, OA was disposed of by the Tribunal with direction to the respondents to consider the request of the applicant in nd terms of the RBE No.41/2023. However, the 2 respondent rejected the claim of the applicant for switching over to Old Pension Scheme vide impugned order dated 04.09.2023 which is contrary to the statutory instructions and settled laws. Hence this O A is filed for the afore-stated relief.

4. Respondents have entered appearance through their counsel Mr. M. Kishore Kumar, SPC and have filed their reply statement contending that applicant had filed OA. No. 851/2021 before this Hon'ble Tribunal to quash the impugned order dated 04.01.2021 and to direct the respondents to treat the applicant's engagement during the period from 02.03.1982 and continued till 30.10.1982 on casual nature as pension qualifying service allowing the old pension scheme in favour of the applicant. Vide order dated 19.04.2023, this Tribunal granted liberty to the applicant to file fresh comprehensive representation and submit his option form within a period of two weeks from the date of receipt of a copy of this order and the respondents were directed to consider the same in accordance with DoP&T instructions dated 03.03.2023 and Railway Board OM dated 10.03.2023 and pass a reasoned and speaking order in accordance with law within a period of four weeks from the date of receipt of such representation.

5. Accordingly, the applicant submitted his comprehensive representation to the nd second respondent on 03/07/2023. As directed by the Tribunal, the 2 respondent considered