Casual labourers granted temporary status and regularized entitled to 50% casual service and 50% temporary service counted as qualifying for pension, per later Supreme Court judgment superseding prior ruling on 100% temporary service.

ORDER

Per Mr. Suchitto Kumar Das, Administrative Member :

1. This matter is taken up by Single Bench in view of the revised list dated 04.04.2000 issued under Sub section (6) of Section 5 of the Administrative Tribunal Act, 1985 and as no complicated question of law is involved this matter is taken up for disposal.

2. The applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief(s):

“a) Leave may be granted to the applicants to file this application jointly under Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987 as the applicants have a common grievance;

b) To pass an appropriate order directing upon the respondent Railway Authority to count the half of the casual service of the applicants and full service from the date of temporary status till regularization as pensionable service for the purpose of pensionary benefits and retiral benefits and the respondent be further directed to recalculated the pension with arrears from due date in respect of the applicants who have retired i.e. the date of superannuation with all incidental benefits after counting the half of the casual service and full service from the date of grant of temporary status till regularization within a specific period of time according to their particulars enclosed as Annexure P-1 collectively in the light of the order passed by the Learned Central Administrative Tribunal, Patna Bench in OA No. 117 of 2007 and the judgment and order dated 29.04.2013 passed by the Hon'ble High Court of Judicature at Patna in Civil Writ Jurisdiction Case No. 20174 of 2017 and the order passed by the Hon'ble Supreme Court in Special Leave to Appeal (Civil No. 20041/2008) and in the light of the decision rendered by this Hon'ble Tribunal in OA No. 01472 of 2015 dated 21.01.2016 which also affirmed by the Hon'ble High Court at Calcutta.

c) To modify the impugned Office Order No. 05/2017(NT) dated 20.01.2017 issued by the General Manager, Eastern Railway, Kolkata being Annexure A-9 of this original application to the extent that in view of the dismissal order dated 20th December, 2019 passed by the Hon'ble Division Bench of this Hon'ble High Court at Calcutta in Review Application being RVW No. 221 of 2017 arising out of WPCT No. 234 of 2016, there is no bar to give the remaining 50% benefit of temporary service in favour of the applicants by including the temporary period of their service as qualifying service regarding pension and other retiral benefits.

d) To declare that all the applicants being the similarly circumstanced persons are entitled for the same benefit as has been granted in railway respondent in favour of Shri Santosh Deb and others vide office order dated 20.01.2017 issued by the CAO/Construction/Eastern Railway being Annexure A-10 of this original application by counting their full temporary status period of service as qualifying service for pension and other retiral benefits of arrears with interest and all incidental benefits whereas the case of the present applicants has been discriminated by issuing a reason in the impugned office order dated 20.01.2017 that one Review Application being RVW No. 221 of 2017 arising out of W.P.C.T. No. 234 of 2016 (Union of India & Ors. -vs- Santosh Kumar Deb & Ors.) is pending, therefore the applicants will get only 50% of their temporary period of service and not 100% temporary period