UNION OF INDIA Vs. GAFFUR

JUDGEMENT

(1.) The present writ petition is filed for setting aside the order j passed by the Central Administrative Tribunal, Patna Bench, Patna, Circuit Bench at Ranchi in OA No. 164 of 2011(R) dated 16th April, 2013 in and by which the Tribunal held that the pension is to be calculated taking into account the total period of service i.e. period of temporary status and also the regular service, which is more than 10 years. Brief facts of the case are that the respondent was engaged as the Railway Gangman from the dormant list of casual labour on 16.02.1970 and he acquired temporary status on 17.04.1986. He was sent for medical examination wherein his date of birth was furnished as 16.02.1951. Alleging that the respondent has furnished fit certificate stating his date of birth as 16.02.1957, a disciplinary proceeding was initiated against the respondent and he was terminated from service on 08.03.1990. Subsequently, the respondent was reinstated in service as Substituted Gangman on 23.06.2004 and finally he retired on 28.02.2011.

(2.) The respondent filed OA 164 of 2011(R) seeking directions for extending pension and retired benefits with arrears and to treat his temporary status as qualifying service for the purpose of extending pensionary benefits.

(3.) The Tribunal held that the respondent was in regular service from 23.06.2004 to 28.02.2011 which shall be accounted for 6 years, 6 months and 5 days. The Tribunal further observed that the period of service as temporary status i.e. from 17.04.1986 to 08.03.1990 which comes to 3 years, 10 months and 29 days if added to the regular service the total service would be more than 10 years and therefore, the respondent Would be entitled to pensionary benefits. Being aggrieved by the order passed in original application being O.A. No. 164 of 2011 (R), Union of India has preferred this writ petition.