Central Administrative Tribunal

Principal Bench, New Delhi.

OA-2500/2014

Reserved on : 20.11.2018.

Pronounced on :28.12.2018.

Hon’ble Ms. Praveen Mahajan, Member (A)

Sh. Sunder Singh aged about 62 years,

Son of late Sh. Har Narain Singh,

Retd./Disengaged Chowkidar T S Group D

From GPO HQ, Agra

Now Resident of C/o Sh. Devinder Singh,

E-195, Shastri Nagar, New Delhi-52.

…. Applicant

(through Sh. Subhash Chandra, Advocate)

Versus

1. Union of India through

Director General Ex-Officio Secretary(Posts)

Ministry of Communication & I.T.,

Govt. of India, Deptt. of Posts,

Dak Bhawan, Sansad Marg,

New Delhi-01.

2. The Chief Post Master General,

Agra Region, Agra-282001.

3. Sr. Superintendent of Post Offices,

Agra Division, Agra-282002.

…. Respondents

(through Sh. Vijay Kumar Sharma, Advocate)

O R D E R

Briefly stated, the facts of the current O.A. are that the

applicant was sponsored by the Employment Exchange, Agra

2 OA-2500/2014

Division and joined Department of Posts in Agra Division in the

capacity

of

contingency

paid

chowkidar

in

group-D

on

consolidated salary on 14.02.1979. The applicant was granted

temporary status w.e.f. 29.11.1989 in the pay scale of Rs. 750-940.

The applicant served the Department of Posts for about 35 years in

the same capacity and retired on 31.03.2013 on attaining the age of

superannuation.

2. Names for regularization of temporary status employees were

asked for from subordinate offices by Sr. Supdt. Of Post Offices, Agra.

The applicant placed his grievance in the Staff Adalat held on

15.09.2009. The applicant also submitted an application dated

22.01.2013 for promotion in Group-D under OBC quota, but all in

vain. When the applicant was not granted pensionary benefits, he

submitted

a

representation

dated

07.10.2013.

The

said

representation was turned down by respondent No.3 vide impugned

order dated 21.01.2014 without placing the same before the

Competent Authority. A Corrigendum dated 30.12.2014 was issued

by the respondents wherein it has been stated that the word used

“retired” may be read as “disengaged”.

3. Being aggrieved by the said order, the applicant has filed the

current O.A. seeking the following relief:-

“To allow the OA and quash and set aside the impugned orders

dated

21.01.2014

and

30.12.2014

[(Annex.A-1(colly)]

and

3 OA-2500/2014

consequently direct the respondents to grant him pensionary benefits

and release pension accordingly w.e.f. 01.04.2013 with interest @18%

p.a.

compounded

annually

treating

him

regular/permanent

employee.”

4. In the counter reply filed on behalf of respondents, it is stated

that the applicant was engaged as contingency paid temporary

status chowkidar w.e.f. 14.02.1979. The applicant was granted

temporary status w.e.f. 29.11.1989. As per DoP&T O.M. No.

49014/2004-Estt(C) dated 26.04.2004 and circulated vide Postal

Directorate New Delhi letter dated 29.04.2005, the length of

qualifying service for the purpose of retirement benefits has lost its

relevance and no credit of casual service shall be available to the

casual labourers on their regularization against Gr.D post on or after

01.01.2004. The said O.M. also contains instruction for no further

deduction towards GPF from casual labourers w.e.f. 01.01.2004 and

refund of GPF from casual labourers w.e.f. 01.01.2004 of the balance

lying in their GPF account to them.

5. The respondents state that regularization of casual labourers is

subject to availability of post/approval of competent authority for

filling of vacancies as per seniority after fulfilling the requisite terms

and conditions. 25% vacancies approved by Circle Office, Lucknow

for CP (T/S) quota were received for the years as 2009 (UR-01), 2010

(UR-01), 2011 (OBC-01), 2012 (UR-01 & SWC 01) and 2013 (UR-01). On

the