UNION OF INDIA Vs. SHYAM CHARAN TIWARI

JUDGEMENT

(1.) The case set up by the claimant before the Tribunal was that he had served in the Army Services during 1955 to 1964 and thereafter he had been engaged as casual labour on 31.1.1975 under the XEN/Survey, Gorakhpur North Eastern Railway and was disengaged on 15.8.1975. He had also worked from 30.1.1975 till his retirement on 31.10.2003. The claimant was re-engaged on 16.9.1975 as a casual Khalasi and while working he was also granted skilled Grade-III (Mate) with effect from 16.3.1976 and that he was also granted promotion as Skilled Machine Operator from 1.7.1978 and further as Highly Skilled Machine Operator (Grade-B) with effect from 1.1.1981. From 1.1.1981, he also claims to have got temporary status and all the benefits as are given to the temporary employees. He also claims to have been promoted as Skilled Machine Operator (Grade -1) w.e.f. 16.5.1981 and as Machine Operator w.e.f. 7.5.1987. On 2.11.1982 the claimant gave an application to the Chief Engineer (Construction) North Eastern Railway for regularizing his services being an ex-army-man in view of reservation granted to Ex-serviceman to the extent of 20% in class IV (10% in class III) and also in view of Railway Board letter dated 1.5.1971 but the same was never considered by the Railway Administration, even though juniors to the claimants were regularized. A screening was conducted on 14.5.1984 but claimant was not called to face the screening process and on the contrary juniors to the claimant had been called, and upon a representation filed by the claimant before the Executive Engineer (Survey) for a screening against 40% construction reserved post, the Executive Engineer (Survey), Gorakhpur on 18.5.1984 sent a letter to the Chief Engineer (Construction) Northern Eastern Railway, Gorakhpur for calling the claimant in screening and yet nothing proceeded in the matter.

(2.) On 16.8.1984 a letter is said to have been issued from the office of Chief Engineer (Construction) NER, Gorakhpur by which all the project casual labours who have been granted temporary status with effect from 1.1.1984 have also become entitled to all the rights and benefits admissible to temporary railway servant in terms of Railway Board letter dated 7.5.1983 and further an order dated 8/9-5-1985 was issued by the General Manager (P) by which all the benefits of paragraph 2301 to 2314 of the Indian Railway Establishment Manual have been extended to all the temporary status employees in the construction division and that the same benefits have also been granted to the casual labour absorbed against 40% construction reserved post of regular employee. Even though, the claimant was shown at serial no. 2 of the provisional seniority list of the project casual labourers, yet juniors to the claimant have been regularized bypassing the claimant in the subsequent screenings which took place on 4.2.1988 and again in 1992, the claimant was not called for. In his representation dated 16.8.1993, the claimant had also disclosed the name of persons juniors to him namely Surya Prasad, Ramdeo, Shambhoo, Moti Lal, Ram Lal, Badshah Ahmad, Gopal Singh and others, whose services were regularized after screening in ignorance of the preferential claim of the claimant.

(3.) However, the claimant retired on 31.10.1993 from the post of Machine Operator. After his superannuation he claims to have made a representation on 19.11.1993 and 11.4.19994 to the C.P.O., N.E.R., Gorakhpur for granting pensionary benefits but to off no avail and it was in these circumstances that the claimant filed the aforesaid application for seeking a direction directing the Railway Administration to grant pensionary benefits to him from the date of his retirement etc.