UNION OF INDIA Vs. CHANDRA PRABHA JAIN

JUDGEMENT

(1.) Heard counsel for the petitioner and perused the record. This petition is directed against judgment and order dated August, 2006 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad in Original Application No. 1331 of 1999, Bhanu Prakash Jain v. Union of India and others, by which the respondents were directed to give pensionary/terminal benefits to applicant No. 1 (widow of the deceased original applicant), if such benefits were made admissible to any of the junior to him and in order to do so treat the applicant as regularised one.

(2.) It appears from record that Bhanu Prakash Jain approached the Tribunal by filing O.A. No. 1331 of 1999, alleging that he was initially appointed as contingent paid Chowkidar in the year 1969 in Firozabad Head Post Office. Later on the post was redesignated as C.P. Farrash. He continued working as C.P. Farrash but was neither regularised nor conferred a temporary status.

(3.) Pursuant to certain directions issued by the Apex Court, postal department had framed a scheme whereunder casual employees working on 29.11.1989 were conferred a temporary status. Bhanu Prakash Jain was also conferred temporary status w.e.f. 10.1.1993 vide memo dated 4.1.1992 though juniors to him were conferred temporary status w.e.f. 29.11.1989 vide office memo dated 20.11.1991. He complained against discriminatory attitude of the authorities in this regard. He retired from service on 14.7.1999 after attaining superannuation at the age of 60 years. Though provident fund was released vide order dated 6.8.1999 to him, but as the rest of the claims admissible under the rules were not paid, he prayed before the Tribunal for a direction to the respondents to provide pensionary/terminal benefits to him as after conferment of temporary status, a casual labour completing three years is to be treated at par with temporary status Group 'D' employees of the department.