S.D. JAYAPRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise from the Karnataka High Court's order dtd. 23/3/2021[In W.P. No. 4712/2016 (S-CAT) c/w W.P. No. 4714/2016 (S-CAT).] by which it held that the appellants, who were initially appointed on contractual basis and subsequently regularised, will not be entitled to seniority, service benefits, and pension for the period of their contractual service. Upon consideration of the relevant rules and the decision of this Court in State of H.P. v. Sheela Devi,2023 SCC OnLine SC 1272. we have partly allowed the present appeals and directed the respondent, i.e., Union of India to grant pensionary benefit to the appellants in accordance with law.

(3.) The short facts that are necessary are as follows. The appellants were appointed as Data Entry Operators under the Plan Scheme called 'Rationalisation of Data Processing Facilities' on temporary and contractual basis between 1996 and 1999. Pursuant to an order of the Central Administrative Tribunal[Hereinafter "CAT".] dtd. 1/4/2013[In O.A. No. 339/2011 before CAT, Bangalore. The High Court upheld the same in W.P. Nos. 57381/2013 (SCAT) and connected matters by order dtd. 22/4/2014.], the respondents issued an Office Memorandum dtd. 5/1/2015 to regularise the appellants' service from a prospective date, i.e., from the date of issuance of this order. Pursuantly, the appellants were appointed on a regular basis by order dtd. 1/4/2015, w.e.f. 5/1/2015. The appellants preferred an Original Application before the CAT, with a prayer to regularise their services from the date of initial appointment or at least from the date of completing 10 years of service, and to protect their pay and to grant seniority, service benefits and pension by counting their period of contractual service. The CAT allowed the same by order dtd. 19/1/2016 and directed as follows: