ISHWAR DASS Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE applicant in this Original Application has challenged the impugned order dated 28.06.2013 (Annexure A -1) wherein it has been stated that his date of appointment was 26.12.1981, he was screened on 31.04.1987, and half of the service rendered by him prior to the screening has been reckoned as qualifying service which works out to 28 years, 8 months and 2 days. However, the grievance of the applicant is that the respondents have not counted Casual Labour service rendered by him in the Railway Electrification from 28.05.1976 to 09.08.1981 and in the Horticulture Department from 10.08.1981 to 16.12.1981 and the period of his service as Substitute Khallasi for the period from 26.12.1981 towards qualifying service for the pensionary benefits. He has, therefore, filed this O.A. seeking the following reliefs: - -

(2.) THE brief facts as stated by the applicant are that he was appointed as a Casual Labour on 28.05.1976 under the Inspector of Works (Electrification), Tilak Bridge, New Delhi where he worked uninterruptedly without any break upto 10.01.1979. From 11.01.1979 to 09.08.1981, he was deployed as a Storeman in the same organization. From 10.08.1981 to 16.12.1981, he worked as a Casual Labour under the IOW/Horticulture, New Delhi. The Inspector of Works, Railway Electrification, Tilak Bridge, vide his letter dated 01.12.1981 has also verified the aforesaid casual labour service showing that he was initially engaged with effect from 28.05.1976.

(3.) THE contention of the applicant is that the respondents in all their records showed that his date of appointment was from 26.12.1981 and there is no mention of any other date. He has also stated that the Railway Board, vide order dated 04.12.2009, stipulated that 50% of Temporary Status Casual Labour Service on absorption in regular appointment may be taken into account for the purpose of granting the MACP benefits. He has also stated that the Railway Board observed that unlike Casual Labourers, whose 50% of Temporary Status Service is counted for pensionary benefits, substitute service in full is counted for pensionary benefits.