ULHAS D. AREKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant, a retired painter, Doordarshan, Mumbai, has filed this Original Application challenging the Memorandum dated 30.11.2009 whereby his representation dated 13.11.2009 was rejected on the ground that the broken period of casual service could not be counted for determining the qualifying service for pension and pensionary benefits. Briefly stated, the facts of the case is that the applicant had been rendering his service as a Painter on contract basis for a period of more than 18 years with an artificial break of ordinarily one or two days and in very few occasions with a break of 15 days, one or two months. The applicant, along with other casual employees of Doordarshan, filed Original Application No. 342/1989 before the Central Administrative Tribunal, Bombay Bench, when this Tribunal was pleased to pass an interim order to maintain status quo with regard to the services of the applicants therein. Accordingly, the Deputy Director (Administration) issued a Note on 24.5.1989. It appears from the said Note, which includes the name of the applicant, that the Casual Artists would be continued to be engaged on casual contract basis till the applications were finally decided by this Tribunal and the respondents will not terminate their services till the applications are disposed of. The said O.A. No. 342/89 was disposed of on 9.8.1994. The order is set out herein below:

(2.) THE learned Counsel for the respondents submits that the applicants come within the purview of the Scheme and as and when vacancies become available, their services will be regularized in accordance with the Scheme. In the light of the above, nothing subsists. The O.A. is disposed of with a direction that the respondents may regularize their services in accordance with the Scheme.

(3.) THE applicant addressed a detailed letter to the respondent No. 2 dated 7.2.2005 wherein the applicant mentioned that the applicant was working on monthly contract as a Painter from 9.6.1992 onwards. He used to work throughout the month, save and except with artificial break of 1 or 2 days. Therefore, his qualifying service may be counted by granting 50% of his casual service for the purpose of pension w.e.f. 1.12.2009.