BIRENDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Applicants in this joint Original Application filed under Section 19 of the Administrative Tribunals Act, 1985 challenged the impugned Annexure A -1 letter dated 15.02.2012 issued to the Applicant No. 1 by the Respondent No. 2, namely, the Office of the Custodian, The Special Court (TORTS) Act, 1992, Banking Division (Department of Financial Services), Ministry of Finance, New Delhi. By the aforesaid letter his request for transfer of the amount in his GPF Account and counting his past service under Rule 13 and 25 of the CCS (Pension) Rules, 1972 and FR 54 and 54A has been rejected for the following reasons:

(2.) THE brief facts of the case: The Applicants were initially appointed as daily wagers on 29.08.1992 and 22.12.1992 respectively in the Office of the Custodian, The Special Court (TORTS) Act, 1992, Banking Division (Department of Financial Services), Ministry of Finance, New Delhi. While serving in that capacity in the said office, they were granted temporary status in the scale of pay of Rs. 750 -940 w.e.f. 01.07.1994 in terms of the DOP & T OM No. 51016/2/90 -Estt. dated 10.09.1993 regarding grant of temporary status and regularization of casual workers. One of the benefits under the said scheme is that after rendering three years continuous service after conferment of temporary status, the casual labourers would be treated on par with temporary Group 'D' employees for the purpose of contribution to the General Provident Fund. Accordingly, they became the members of the GPF Scheme and they contributed to the said fund regularly till 04.03.2003. However, the Respondent -Department, vide letter dated 04.03.2003, dispensed with their service with effect from 05.03.2003. However, on challenging the aforesaid action by the Applicants vide OA No. 605/2003, this Tribunal directed the Respondents to consider them for re -engagement. Even though the Respondents challenged the aforesaid order before the Hon'ble High Court of Delhi vide Writ Petition (Civil) No. 1991/2004 it was dismissed as withdrawn vide order dated 09.03.2004. Since the Respondents have not re -engaged them pursuant to the aforesaid order of this Tribunal in OA No. 605/2003 (supra), they filed Contempt Petition No. 50/2005 therein. Finally, the Respondents re -engaged them as Group D employees on 01.02.2007 and 19.07.2006 respectively in the Debts Recovery Tribunal -II (DRT -II for short) under the Ministry of Finance. However, their basic pay was fixed at the minimum of the relevant scale at Rs. 2550/ - whereas they have already been drawing the basic pay of Rs. 2960/ - as on 04.03.2003. According to the Applicants, since they have been reinstated in service, they are governed by Rule 25 of the CCS (Pension) Rules, 1972 which reads as under:

(3.) THE Applicants made representations to the Respondents to refix their pay after counting their past service rendered by them and to open a GPF account through DRT -II Chandigarh and transfer the amount in their previous GPF account. They have also requested the Respondents to count their previous service for admitting them to the Old Pension Scheme under CCS (Pension) Rules, 1972. However, by the impugned Annexure A -1 and Annexure A -2 letters, the Respondents rejected their request. They have, therefore, filed this OA seeking the following reliefs: