UNION OF INDIA Vs. CHARLES M.

JUDGEMENT

(1.) The controversy involved in these cases are with regard to the retrenchment of some project casual labourers. The retrenchment was the subject matter of consideration before the Apex Court in Inderpal Yadav and Others Vs. Union of India [1985 SCC (L&S) 526] and connected cases, whereby the Apex Court has directed the Railways to prepare a divisional list of all project casual labourers in each Division of the Railways who had been retrenched after the cut- off date mentioned and directed to consider them for future engagement. In obedience to the directions in Inderpal Yadav (Supra), notifications dtd. 27/1/2003 and 18/2/2003 were issued inviting applications to fill up the vacancies to the post of Trackmen. All the applicants were called upon for the document verification and medical examination. After medical examination, the applicants were appointed as Track Maintainers. It is a matter of record that few of them were appointed after 1/1/2004, therefore, could not have been brought under the Old Pension Scheme.

(2.) This Court, in the judgment dtd. 4/4/2023 in O.P(CAT)No.79 of 2022, held that since the Railway caused delay in issuing the appointment orders from 2003 till 2004, the same could not be used against the applicants to deny the benefit of the old Pension Scheme as the New Pension Scheme has come into force with effect from 1/1/2004.

(3.) The aforementioned judgment dtd. 4/4/2023 was assailed before the Supreme Court in S.L.P.No.24719 of 2023 which has been dismissed vide order dtd. 29/1/2025.