The court upheld the Tribunal's decision to count 50% of casual service for MACP benefits, affirming the applicant's qualifying service of 30 years.

JUDGMENT

K. V. JAYAKUMAR, J

Impugning the order of the Central Administrative Tribunal in O.A.No.288/2019 dated 02.03.2023, Union of India and its officers preferred this OP(CAT), whereby the following claim of the respondent/applicant has been allowed by the Tribunal.

“1) Declare that the applicant is having 30 years of qualifying service, reckoning his full service from 05.10.1983 to 30.06.2011 as qualifying along with 50% of his casual service and to direct the respondents accordingly.

11) Direct the respondents to revise the applicant's pensionary benefits and also to grant 3rd financial up-gradation under MACP Scheme on the basis of the above declaration with all consequential benefits.

III) Award costs of and incidental to this application.

IV) Pass such other orders or directions as deemed fit.”

2. The respondent/applicant is a retired Track Maintainer from Southern Railway. He started his career as Casual Labourer on 22.06.1973. He was granted temporary status from 23.10.1978. Prior to that, had put in more than three years casual labour service. As per Annexure-A1 order dated 05.10.1983, was appointed as Substitute Gangman and later, was regularized in service with effect from 27.02.1987. He retired from service on superannuation on 30.06.2011 with grade pay of Rs.2,000/-. The grievance of the respondent/applicant was that, even though he had more than 30 years of qualifying service, was given only two promotions/financial upgradations.

3. As per Annexure-A2 service certificate, his qualifying service is shown as 28 years, which was arrived at by reckoning 50% of casual service from 23.10.1978 to 26.02.1987 and full service from 27.02.1987 to 30.06.2011. The respondent/applicant further contended that the petitioners had failed to consider the fact that he was appointed as Substitute Gangman on 05.10.1983 and continued as such till he was regularly appointed on 27.02.1987, against the mandate in Rule 37(2) of the Railway Services (Pension Rules) 1993.

4. Placing reliance on a decision in Union of India and Ors. v. Rakesh Kumar and others [AIR 2017 SC 1691], the respondent/applicant contended that he is eligible to reckon 50% of casual labour service prior to the grant of temporary status. The stand of the petitioners/respondents before the Tribunal and before us is that, the applicant had only 28 years 2 months and 16 days total service and he is not eligible for 3^rd Modified Assured Career Progression Scheme (MACP).

5. Noticing the rival contentions of the parties, the learned Tribunal allowed the OA and directed the petitioners to grant 3^rd MACP.

6. The learned counsel for the respondent/applicant supported the order of the Tribunal.

7. Adv.C.Dinesh, the learned counsel for the petitioners/Union of India on the other hand submitted that the impugned order is illegal and unsustainable. The Tribunal is not justified in granting the 3^rd MACP to the applicant.

8. We have heard the rival contentions of the parties and perused the paper book.

9. The main contention of the petitioners is that 50% of the casual labour service entered by the applicant prior to his appointment as Substitute Gangman can be taken into account only for the purpose of granting pension and not for the purpose of granting the benefit of 3^rd MACP. At this juncture, it will be better to extract Ext.R1(C).

10. On a perusal of Annexure -R1(c), it is clear that, 50% of casual labour service has to be considered for the grant of benefit under the MACP scheme. The Central Administrative Tribunal, noticing the rival contentions of the parties allowed the claim of the applicant. The relevant paragraphs are extracted hereunder:

“8. The application has two limbs. First limb is regarding the estimation of qualifying service. Basing on Annexure-A1 office order dated 05.10.1983 it is pointed out that while being engaged as temporary casual labourer he was appointed as 'Substitute Gangman'. Later he was regularly appointed as Gangman on 27.02.1987 and retired from service on 30.