Long continuous service as temporary mazdoor on perennial duties entitles regularization and pension despite initial irregular engagement.

O R D E R

Delivered by Mrs. Mallika Arya, AM.-

1.In the present original application, the applicant is seeking direction to the respondents to regularize his services with all consequential benefits including arrears of pay, increments, promotion/financial upgradations and terminal benefits.

2. As per the OA, the applicant was initially engaged on 01.06.1986 as casual labour in the office of SDO (T), Mandla. His services were dispensed with vide notice dated 30.12.1989 (Annexure A-1). Thereafter, the applicant raised an industrial dispute before Central Government Industrial Tribunal and vide award dated 18.05.2001 (Annexure A-3), the respondents were directed to reinstate him in service as he had acquired temporary status by virtue of working as casual worker in the Department. In compliance to the aforesaid award, though the applicant was reinstated in service and joined on 13.12.2001 (Annexure A-4), but the respondents challenged the said award before Hon’ble High Court of M.P in W.P. No. 5621/2001 which was dismissed vide judgment dated 28.10.2009 (Annexure A-5). Even the SLP filed by the respondents was also dismissed by the Hon’ble Supreme Court on 14.05.2010 (Annexure A- 6). Thereafter, vide order dated 06.01.2011 (Annexure A-7), the applicant was reinstated and regularized as a temporary status Mazdoor w.e.f. 01.10.1989. However, as per letter dated 14.12.2011 (Annexure A-9), the respondents treated his appointment as Temporary Status Mazdoor w.e.f. 12.12.2001 for appointment as Regular Mazdoor on completion of 10 years i.e. w.e.f. 13.12.2011.

3. Learned counsel for the applicant has contended that action of the respondents in not treating his appointment as Regular Mazdoor w.e.f. 13.12.2011 is unjustified and illegal. Learned counsel for the applicant has submitted that as per the award of the CGIT, the applicant was reinstated in service from 13.12.2001 (Annexure A- 4) and subsequently, the said award has been confirmed by the Hon’ble Supreme Court. Therefore, as per rules, on completion of 10 years as Temporary Status Mazdoor, the applicant is entitled for regaularization of his services as Regular Mazdoor from 13.12.2011. Learned counsel for the applicant further submitted that as per Rule 2 of CCS (Pension) Rules, 2021, the applicant being temporary employee is entitled for pension after his retirement on 30.04.2023. Being aggrieved the applicant has filed application for pension but having received no response, he has filed the present original application.

4. Learned counsel for the applicant contended that since the applicant had been continuously working in casual capacity with the respondents, he was entitled for regularization and consequently for pensionary benefits. Learned counsel for the applicant has also cited several judgments of Hon’ble Supreme Court including judgment dated 20.12.2024 passed in Civil Appeal arising out of SLP (C) No. 5580/2024 – Jaggo Vs. U.O.I & Ors and the judgment dated 19.08.2025 passed in Civil Appeal No. 8558/2018 – Dharam Singh & Ors. Vs. U.O.I & Ors and submitted that in view of the law laid down by the Apex Court in above judgments, the applicant deserves consideration for regularization with consequential benefits. Learned counsel for the applicant further submitted that despite the order of the CGIT dated 18.05.2001 to reinstate and regularize the applicant as temporary worker and also to treat the absence from duty as continuous service for the purpose of pensionary benefit, the respondents have not counted his past