Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CAT) 3935

CENTRAL ADMINISTRATIVE TRIBUNAL
S. Sujatha, J, Sanjiv Kumar, Member
Yasodha – Appellant
Versus
Union of India – Respondent
ORIGINAL APPLICATION NOS.170/00558/2024|170/00589/2024

Advocates:
For the Appellants/Petitioners: Sampangi Ramaiah
For the Respondents: Vishnu Bhat

Employees granted temporary status after 01.01.2004 are not eligible for benefits under the CCS (Pension) Rules, 1972, and the dependents of non-regularized employees are not entitled to compassionate appointment.

Headnote:(A) Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 1993 - Central Silk Board - Claim for family pension and compassionate appointment - Employee granted temporary status with effect from 19.03.2005 - Rules for retirement benefits for Central Government employees apply to those appointed before 01.01.2004 - Held that employee granted temporary status after the cut-off date is not covered under the CCS (Pension) Rules, 1972 - Claim for family pension and compassionate appointment dismissed.

Facts of the case:
The applicant’s husband was a Skilled Farm Worker on temporary status with the Central Silk Board. After his death, the applicant sought family pension and compassionate appointment, contending that his services should be deemed regularized based on the 1993 Scheme. The respondent board rejected these requests, maintaining that the employee was never regularized and that he was not a permanent employee.

Findings of Court:
The Court held that in the case of the deceased, temporary status was effectively granted from 19.03.2005, which is subsequent to the cut-off date of 01.01.2004 for the applicability of the CCS (Pension) Rules, 1972. Consequently, the applicant is ineligible for family pension under those rules. Similarly, as the deceased was not a regular employee, the claim for compassionate appointment was denied. The order is subject to the final outcome of the pending Writ Petition before the High Court regarding regularization.

Issues: 1. Whether the applicant is entitled to family pension under the CCS (Pension) Rules, 1972, for an employee granted temporary status post-2004? 2. Whether the dependents of a temporary status employee are eligible for compassionate appointment?

Ratio Decidendi: Since the employee was granted temporary status from 19.03.2005, he falls outside the ambit of the CCS (Pension) Rules, 1972, which regulate benefits for employees appointed before 01.01.2004. Furthermore, compassionate appointment is restricted to dependents of regularized employees; as the deceased never held a permanent post, the claim for employment fails.

Result: Original Applications disposed of subject to the result of a pending Writ Petition.

Table of Content
1. overview of applicant's claim for benefits as widow of a temporary status employee. (Para 1 , 2 , 3)
2. summary of rival contentions regarding regularization and pension eligibility. (Para 4 , 5 , 6)
3. judicial history and the specific date of effect of the temporary status scheme. (Para 7 , 8 , 9 , 10 , 11 , 12)
4. legal analysis on the inapplicability of pension rules due to the post-2004 effective date. (Para 13 , 14 , 15 , 16 , 17)
5. ruling on compassionate appointment and the pending status of regularization litigation. (Para 18 , 19 , 20)

ORDER

Per: Justice S.Sujatha ...........Member(J)

Since common and akin issues are involved, both the OAs are clubbed and heard together and disposed of by this common order.

2. The reliefs claimed are as under:

OA No.558/2024

(i) Issue an Order in the nature of Writ of Certiorari quashing the Impugned Office Order bearing No.CSB 2(3)/93-Labour (Vol.XIV) [12/01] dated 26.07.2024 (Annexure-A4) passed by the Respondent No2; and

(ii) Issue a Writ in the nature of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondents Board to consider the Applicant's prayer for appointment on compassionate ground by treating the services of deceased D. Gopal as deemed regularized as Group-D employee on the date of his death in accordance with DOPT OM dated 10.09.1993 (Annexure-A5) and Hon'ble Supreme Court judgment dated 29.11.1989. (Annexure-A6); and

(iii) Pass any such other orders or issue such other directions as this Hon'ble Tribunal deems fit in the facts & circumstances of the case in the interest of justice and equity.”

OA No.589/2024

(ii) Issue a Writ in the nature of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondents Board to consider the Applicant's prayer for grant of family pension and consequential benefits by treating the services of deceased D.Gopal as deemed regularized as Group-D employee on the date of his death in accordance with DoPT OM dated 10.09.1993 and Hon'ble Supreme Court judgment dated 29.11.1989; and

(iii) Pass any such other orders or issue such other directions as this Hon'ble Tribunal deems fit in the facts & circumstances of the case in the interest of justice and equity.”

3. Briefly stated the facts as narrated by the applicant are that the applicant’s husband late Shri D.Gopal was a Skilled Farm Worker (Temporary Status) working at Central Sericultural Germplasm Resources Centre, Hosur, a branch of Central Silk Board. He joined as Casual Labour on 01.04.1089, subsequently promoted as Time Scale Farm Worker and Skilled Farm Worker and finally conferred with Temporary Status with effect from 01.07.2015 as per Government of India Scheme of 1993 (Grant of Temporary Status and Regularisation of Casual Labourer) modified by the Hon’ble High Court of Karnataka as 19.03.2005. He expired in harness on 18.05.2023 after having served the organization for about 34 years which includes 8 years service with temporary status. The applicant being illiterate , after coming to know that her husband was working as Skilled Farm Worker with temporary status, she is entitled to receive family pension and other pensionary benefits from the date of death of her husband as she is getting a meagre pension of Rs.4267/- per month from Employees Provident Fund Scheme, submitted separate applications dated 17.06.2024 before the 2nd Respondent seeking family pension and to consider her request for suitable employment in the Central Silk Board on compassionate grounds. The said representations were rejected by the Board informing her that Farm Workers are not engaged against any sanctioned post and the deceased Shri D.Gopal was not a permanent employee of the Board. He was working as Skilled Farm Worker (Temporary Statu

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2026 Supreme(Online)(CAT) 3935

CENTRAL ADMINISTRATIVE TRIBUNALS. Sujatha, J, Sanjiv Kumar, MemberYasodha – AppellantVersusUnion of India – RespondentORIGINAL APPLICATION NOS.170/00558/2024|170/00589/2024

Employees granted temporary status after 01.01.2004 are not eligible for benefits under the CCS (Pension) Rules, 1972, and the dependents of non-regularized employees are not entitled to compassionate appointment.

Cases Referred (1)

CENTRAL ADMINISTRATIVE TRIBUNAL
S. Sujatha, J, Sanjiv Kumar, Member
Yasodha – Appellant
Versus
Union of India – Respondent
ORIGINAL APPLICATION NOS.170/00558/2024|170/00589/2024