UNION OF INDIA Vs. PURANMAL SHARMA

JUDGEMENT

(1.) This writ petition is directed against order dated 20.2.17 passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur ("the Tribunal'), whereby original application preferred by the respondent seeking directions to the petitioners herein for counting his half service rendered as Casual Labour and full service rendered by him on temporary basis alongwith services rendered after regularisation for the purpose of determining his total qualifying service for granting him all pensionary benefits under the Old Pension Scheme, has been allowed and the petitioners herein have been directed to redetermine the pension and pensionary benefits of the applicant within a period of two months and pay him the pensionary benefits accordingly.

(2.) The facts relevant are that the respondent joined the service of the Northern Railway, Bikaner on the post of Casual Hot Weather Waterman on 28.4.74 at Lalgarh Station, Bikaner and continued to work on the said Railway Station upto 30.9.74. Thereafter, the respondent was again given appointment on the said post on 22.4.89 and worked upto 14.9.89. The respondent was re-employed on 21.4.90 and continued in the service till his retirement after attaining the age of superannuation. The respondent was denied retiral benefits i.e. pension, gratuity, commutation, leave encashment and other benefits and therefore, he preferred original application before the Tribunal seeking directions to the petitioners to release him the pensionary benefits under the Old Pension Scheme by taking into consideration the services rendered by him as aforesaid. The respondent also claimed for consideration of his case for regular line of promotion from Helper II, sanctioning of ACP and consequential pay fixation etc.

(3.) The stand of the Railway before the Tribunal was that the respondent was granted temporary status (CPC Scale) on 12.10.91 vide letter dated 11.10.91 and after screening was regularised in service w.e.f. 12.12.07. Later on he was promoted to the post of PMA (Group C post) in pay band Rs. 5200-20200 + GP Rs.1900/-. It was contended that the respondent got CPC Scale on 12.10.91 purely as Casual Labour and after screening for Group D post was regularised after 1.1.04 after introduction of the New Pension Scheme and thus, will be governed by the New Pension Scheme and not the Old Pension Scheme.