##PAGE1##

WP No. 3121 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2026

CORAM

THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN

AND

THE HON'BLE MR.JUSTICE K.KUMARESH BABU

WP No. 3121 of 2024

and

W.M.P.No.3398 of 2024

1. Union of India

Rep. By The General Manager,

Southern Railway,

Park Town P.O., Chennai 600 003.

2. The Assistant Personnel Officer/

Settlement,

Chennai Division, Southern Railway,

Chennai 600 003.

..Petitioner(s)

Vs

1. R.Devarajan

Retd. Senior Technician SSE / Works / MPK /

MAS Division / S. Rly, No.4 / 226, 4^th Street

Bharathidasan Nagar, Kaspapuram Main

Agaram, East Tambaram Selaiyur 600 126.

__________

Page1 of 8

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/02/2026 05:54:53 pm )

WP No. 3121 of 2024

2. The Registrar

Central Administrative Tribunal,

Madras Bench, Chennai.

..Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India,

praying to issue a Writ of Certiorari, calling for the records from the file of the

2^nd respondent in O.A. No 811 of 2018 dated 27.4.2023 and quash the same.

For Petitioner(s): Mr.C.Kulanthaivel

For Respondent(s): M/s.Kumudhaa.G.

For M/s. Aparna Nandakumar

R2- Tribunal

ORDER

(Order of the Court was made by K.Kumaresh Babu J.)

The present writ petition has been filed to quash the order passed by the

2^nd respondent in O.A. No 811 of 2018 dated 27.4.2023

2. The learned counsel appearing for the petitioner would submit that the

first respondent herein had been granted temporary status as a casual labourer

with effect from 01.08.1981 and was empanelled as a Brick Layer with effect

from 27.03.1992. He was further promoted as Brick Layer HS-II with effect

__________

Page2 of 8

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/02/2026 05:54:53 pm )

WP No. 3121 of 2024

from 28.03.1995. He had superannuated from service on 31.01.2017. On

superannuation, 50% of the service rendered by him as a casual labourer was

taken into account for reckoning his qualifying service for terminal benefits.

3. However, the first respondent had made a representation, seeking

inclusion of the entire period of casual labour service as qualifying service,

which was negatived by the order dated 31.01.2017 by placing reliance upon

Rule 31 of the Railway Service Pension Rules. Challenging the same, the first

respondent had preferred an original application, which came to be allowed by

the Tribunal in the impugned order, holding that the first respondent was

entitled to count the full service by applying Rule 20 and not Rule 31 and

directed the entire period of casual service to be counted as a full qualifying

service and to revise the retirement benefits and to pay all consequential arrears

with admissible interest. He would vehemently contend that as per Rule 31,

only 50% of the casual labour service could be counted along with the service

after being borne into the cadre. Hence, he would seek indulgence of this Court

to set aside the orders impugned herein.

4. Countering his arguments, M/s.Kumudhaa.G, learned counsel, on

behalf of M/s.Aparna Nanda Kumar, learned counsel for the first respondent,

would submit that Rule 20 of the Railway Services Pension Rules envisages that

the qualifying service of a Railway servant shall commence from the date when

__________

Page3 of 8

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/02/2026 05:54:53 pm )

WP No. 3121 of 2024

he take charge of the post to which he is first appointed either substantively or

in an officiating or temporary capacity, providing that the officiating or

temporary service is followed, without interruption, by substantive appointment

in the same or another service or post. She would submit that the first

respondent, who had been employed as a casual labourer on temporary status,

was empanelled in a regular post with effect from 1992 and therefore, his

temporary appointment, even though as a casual labourer, should be counted in

full for reckoning the full qualifying service and for grant of pensionary benefits

accordingly.

5. Further, in support of her contention