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Judgment
O R D E R
Hon'ble Mr. P. Madhavan, Judicial Member – This is an Original Application filed by the applicant seeking the following reliefs:
“I) To call for the records leading to Annexure A10 and A11 and set aside the same to the extent of excluding the applicant from Statutory Pension Scheme.
II) Direct the respondents to accept Annexure A9 option submitted by the applicant and include the applicant under the Railway Services (Pension) Rules, 1993 and grant him the benefits.
III) Declare that the applicant is entitled for statutory pension.
IV) Declare that Annexure A6 OM and A7 Railway Board Circular does not discriminate between RRB candidates and employees recruited through other selection process.
V) Such other reliefs as may be prayed for and this Tribunal may deem fit to grant.
VI) Grant the cost of this Original Application.”
The applicant in this case is working as Track Maintainer-II. He was empanelled for appointment to Group-D service as per notification issued by the respondent No. 2 in the year 2003. He was included as serial No. 2338 in the live register of casual labourers in Trivandrum Division. The proceedings for selection started as per Annexure R3 dated 3.7.2003 and the applicant was asked to report before the Divisional Office on 21.7.2003 with necessary documents for regularization. The applicant was appointed as per Annexure A1 only on 11.10.2004. According to the applicant he is entitled to get enrolled in the Old Pension Scheme as per Annexure A6 OM issued by the Government of India and accepted by the Railway Board vide Annexure A7. However, the respondents rejected the option filed by the applicant stating that the OM applies to RRB recruited candidates.
The respondents filed a detailed reply statement denying the allegations. According to them, the OM issued is only applicable to those persons who are appointed by a common selection process. The OM is not applicable to the applicant.
The applicant filed a rejoinder stating that similarly situated employees were extended the benefit of Annexure A2 judgment in WP© No. 23757/2010 (S) - Union of India & Ors. v. C. Devadhasan & Ors. dated 21.12.2016. The applicant herein has also given a representation to the respondents to treat his regularization w.e.f. 3.11.2003. But the respondents rejected the same vide Annexure A10 stating that the applicant is not a party to the case.
We have heard both sides. On a perusal of the pleadings, we find that the applicant was also a retrenched casual labour who was given the benefits as per the judgment of the Hon’ble Supreme Court in Inderpal Yadav & Ors. v. Union of India – 1985 SCC (L&S) 526. In consequence of the said judgment lists were prepared and the applicant was called for document verification as per notification dated 3.7.2003. The Hon’ble High Court while disposing a batch of cases in WP© No. 23757 of 2010 held as follows:
“21.…………..But the fact remains that he was also called for considering regularisation in the year 2003 itself, but was denied the benefit, stating that he had already crossed the age limit. As the age factor has been rightly intercepted, he is also entitled to be treated as regularised in 2003. To have uniformity in all the matters, we find it appropriate to reckon 03.11.2003 as the date for regularisation in service (the date on which actual regularisation could have been given to Viswanathan). We also make it clear that, such date of regularisation will be only for the purpose of reckoning the 'qualifying service' for determining the eligibility for getting pension under the CCS (Pension) Rules 1972 and it will not result in payment of any arrears or such other monetary benefits, either towards salary or pension or such other heads. ………...”
In Annexure A10 the respondents had stated that the judgment of the Hon’ble High Court in WP© No. 23757 of 2010 (supra) is not applicable to the applicant’s case as he was not a party to the above case. So the argument of the counsel for the applicant that he is also similarly placed as the parties in WP© No. 23757 of 2010 has to be accepted. This Tribunal in the case of P. Purushothama Das v. Union of India & Ors. – OA No. 180/752/2017 had followed the decision of the Hon’ble High Court in C. Devadhasan’s case (supra) and directed to consider the date of regularization as November, 2003.
We find no reason not to follow the decision of the Hon’ble High Court in C. Devadhasan’s case (supra). Hence, we hereby set aside Annexures A10 and A11 orders of the respondents. The applicant is entitled to consider his date of regularization as 3.11.2003 and he is also eligible to be considered for grant of statutory pension under the Old Pension Scheme as ordered in C. Devadhasan’s case (supra). The respondents are directed to consider the case of the applicant in the light of what is discussed above and in the light of the judgment of the Hon’ble High Court in C. Devadhasan’s case (supra), within a period of three months from the date of receipt of a copy of this order.
The Original Application is disposed of as above. No order as to costs.
APPLICANT’S ANNEXURES
Annexure A1 – True copy of the order of appointment O.O. No. 120/2004 dated 11.10.2004.
Annexure A2 – True copy of the judgment of the Hon’ble High Court of Kerala in WP© No. 23757/2010 dated 21.12.2016.
Annexure A3 – True copy of the representation submitted by the applicant dated 14.1.2019.
Annexure A4 – True copy of the order dated 24.6.2019 in OA 432/2019.
Annexure A5 – True copy of the order in OA 752/2017 dated 17.7.2019.
Annexure A6 – True copy of the office memorandum No. 57/04/2019-P&PW(B) dated 17.2.2020 issued by the Government of India, Department of Pension and Public Welfare.
Annexure A7 – True copy of the RBE No. 28/2020 dated 3.3.2020.
Annexure A8 – True copy of the PBC No. 46/2020 dated 18.3.2020 along with the communication dated 15.5.2020.
Annexure A9 – True copy of the option submitted by the applicant along with the request dated 9.3.2020.
Annexure A10 – True copy of the order No. V/P.407/1/CL/Court Cases dated 10.8.2020.
Annexure A11 – True copy of the communication No. V/P.500 NPS dated 1.10.2020.
Annexure A12 – True copy of the judgment in OP (CAT) 288/2017 dated 16.11.2017.
RESPONDENTS' ANNEXURES
Annexure R1 – True copy of the salary certificate of the applicant for the month of February, 2021.
Annexure R2 – True copy of Muster Roll signed by the applicant for the periods between 16.2.2021 to 15.3.2021.
Annexure R3 – True copy of the press notification dated 3.7.2003.
Annexure R4 – True copy of letter No. V/P.407/I/ECL/Vol.X dated 26.6.2003.
Annexure R5 – True copy of letter No. V/P.407/I/ECL/Vol.X dated 19.9.2003.
Annexure R6 – True copy of letter NO. P(S)407/I/Filling up of Vacancies of Trackman dated 11.7.2003.
Annexure R7 – True copy of office order No. 132/2003/WP dated 20.10.2003.
Annexure R8 – True copy of note No. V/P.407/I/ECL/Vol.X dated 29.10.2003.
Annexure R9 – True copy of letter No. V/P.407/I/ECL/Vol.X dated 7th January, 2004.
Annexure R10 – True copy of internal notification vide letter No. V/P.407/I/ECL/Vol.V dated 20.6.2003.
Annexure R11 – True copy of letter No. V/P.407/I/ECL/Vol.X dated 06.2004 sent to the Headmistress of the School where the applicant had studied up to 8th standard.
Annexure R12 – True copy of letter No. V/P.407/I/ECL/Vol.X, dated 2.8.2004.
Annexure R13 – True copy of letter No. V/P.407/I/ECL/Vol.X dated 24.9.2004.