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Judgment
O R D E R
The instant OA has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking relief to consider the case of the applicant to release of retiral benefit as such pension and other post retiral dues etc. as the applicant retired from the post of CP Chowkidar, Nandganj Sup-Post Office, Ghazipur being casual labour Group ‘D’ Grade and his services was also regularized w.e.f. 29.11.2089 and the applicant has been retired on 31.07.2021 after attaining the age of superannuation, and to issue a time bound order to the respondents to release the entire post retiral dues including monthly pension in favour of the applicant, and to grant any other relief deemed fit and direct the respondent No. 2 to decide the representation dated 19.10.2021.
The fact of the applicant is that the applicant was earlier working as CP Chowkidar and was engaged to work for more than 8 hours daily at Nandganj Post Office Ghazipur from 01.11.1979, and pursuant to the order dated 04.10.1991 passed by Superintendent of Post Office, Ghazipur Division since the applicant was found to be working continuously for more than 42 days and as such the applicant was accorded temporary status in Group ‘D’ cadre since 29.11.1989. In pursuance to the order of Hon’ble Apex Court circular / order dated 30.12.1992 was issued by the Superintendent of Post Office, Ghazipur Division, in which it was provided that such casual labour who have been given Group ‘D’ temporary status and have already completed three years of continuous service will be treated at par with the temporary Group ‘D’ employee of the Department of Post and would thereby be entitled to such benefit as are admissible to Group ‘D’ employees on regular basis. In pursuance of the office memorandum dated 10.10.1996 the applicant was regularized on Group ‘D’ Cadre w.e.f. 29.11.1989 and allegedly the regularization was considered irregular vide letter dated 01.01.2002. The applicant continued in service as casual labour who has been given temporary status, and the order dated 30.12.1992 decides the eligibility of pension to the employees as follows:-
“Counting of service for the purpose of pension and terminal benefit as in the case of temporary employees appointed on regular basis for those temporary employees who are given temporary status and who complete 3 years of service in that status while granting them pension and retirement benefits after their regularization.”
Thereafter, Central Government Employees Insurance Scheme etc. was made applicable to the applicant. Seniority list was issued on 14.03.2013 and 07.11.2016 and the name of the applicant is found at Sl. No. 5 and 4 respectively. Vide letter dated 13.03.2013 the salary of the applicant was fixed in Pay Band I at Grade Pay of Rs. 1800/- w.e.f. 01.01.2006. In October 2016 the pay scale of the applicant was fixed as Rs. 5200 – 20200 + Pay Matrix Level – 1 and was paid gross salary of Rs. 29711/- after deduction and for the month of July 2017 the applicant was paid gross salary of Rs. 28500/- after deduction. Vide letter dated 14.06.2021 issued by Superintendent of Post Office, Ghazipur Division, Ghazipur the applicant was directed to retire w.e.f. 31.07.2021 but no retiral dues was released illegally. Hence, the applicant requests that his prayer should be allowed as he is eligible for all retiral dues as per various Hon’ble Apex Court and other Court’s orders.
On notice, the respondents have filed counter affidavit wherein they agree to the basic facts of the applicant. The applicant started as CP Chowkidar at Nandganj SO Ghazipur since 01.11.1979 and he was engaged to work more than 8 hours daily. He retired from CP Chowkidar on 31.07.2021 vide SPO Ghazipur memo NO. A-2/4/Ch-III/2021/Ghazipur dated 14.06.2021 and no retiral benefit was paid as the engaged official as temporary status Group ‘D’ is not entitled for payment of retiral benefit without permanent absorption of Group ‘D’ cadre in the department. Although 28 CP Chowkidar were ordered to give temporary status in Group ‘D’ cadre since 29.11.1992 vide OM dated 04.10.1991 and in the light of instructions contained in DG (Post), New Delhi communication dated 12.04.1991 they were ordered to be regularized in Group ‘D’ cadre erroneously without any vacancy in Group ‘D’ cadre in the division by the SPOs vide OM No. A-2/4/CH-II dated 10.10.1996 w.e.f. 29.11.1992 in compliance of DG Post New Delhi Memo No. 66-9/91-SPB-I dated 30.11.1992 whereas there was no instructions in the directorate memo to regularize a CP Chowkidar in Group ‘D’ cadre without any clear vacancy in the cadre. As such the order passed by this office to regularize all the above 28 CP Chowkidar in Group ‘D’ cadre was not in order and required to be reviewed and the said order was reviewed subsequently. After due notice to each of the 28 Chowkidar vide memo dated 01.01.2002 and on receipt of representation from all of them, the cases were individually reviewed and it was found that the order dated 10.10.1996 was erroneous, hence, the same was cancelled vide order No. A-2/4/CH-II/CP date 18.01.2002. Hence, as the applicant was not regularized so he has no right to get any retiral dues and pensionary benefits. Accordingly, the department has not given any pensionary benefits to the applicant. Therefore, he prays to dismiss the OA.
Rejoinder affidavit has been filed by the applicant wherein he reiterates his facts as in the OA.
Supplementary counter affidavit has been filed by the respondents where the contents of the counter affidavit are reiterated.
Supplementary rejoinder has been further filed where same facts have been further reiterated.
The case came up for final hearing on 19.02.2024. Shri Rajjan Singh, learned counsel for the applicants and Shri Vinod Kumar Pandey, learned counsel for the respondents were present and heard. I have gone through the records carefully and considered the rival contentions.
From the record it is evident that basic facts of the case is not disputed that the applicant started working as CP Chowkidar in Nandganj, SO Ghazipur since 01.11.1979 for 8 hours a day and he retired on 31.07.2021 vide order dated 14.06.2021 on superannuation. And the applicant was given temporary status on 29.11.1989 vide the order dated 04.10.1991, and subsequently they were erroneously given benefit of regularization in the year 1996 and the said order was reversed in the year 2002 after due notices were served on the applicant and their respective reply was obtained, as the regularization was erroneously done without any Group ‘D’ vacancy available. As there was not any regularization of the applicant in Group ‘D’ post in the department, hence, no retiral dues and pension were given to the applicant.
From the very facts of the case it is evident that the facts of this case is exactly similar to the case in OA No. 717 of 2020 wherein the applicant was appointed as contingency paid Farrash on 12.07.1984 and was given temporary status on 29.11.1989 and he retired on superannuation without being regularized on 30.06.2020, and in the light of the judgments of various Courts like Chandi Lal vs. UOI and others – OA No. 917/2004 dated 02.09.2005 and Shyam Lal Shukla vs UOI & Ors decided on 28.07.2009 and which was further upheld by the Hon’ble Allahabad High Court in Writ Petition on 11297 of 2006 on 02.03.2007 and Hon’ble Supreme Court upheld the order of this Tribunal and Hon’ble High Court order vide order dated 03.03.2008 passed in SLP (Civil) ____ of 2008 (CC 3248/2008). The same order has been relied in OA 720 of 2020 decided on 14.02.2024 and OA No. 717 of 2020 decided on 09.11.2022 by the coordinate Benches of this Tribunal; and I have no ground to defer with the judgment in those cases. And relying on the judgment and the case of Chandi Lal and Shyam Lal Shukla (supra) which went upto the Hon’ble Supreme Court and wherein it has been settled that such employee who have been given temporary status shall be deemed to have been regularized and consequently required to be treated as regular employees of the respondents department and consequently they are entitled to all the pensionary benefits. And as the facts and circumstances of those OAs and case of Chandi Lal and Shyam Lal (supra) are almost similar as the present case in hand. In the present case the applicant joined as CP Chowkidar on 01.01.1979 and attained temporary status on 29.11.1989, and although he was also regularized once, but the said order of regularization was cancelled subsequently because the regularization was mistakenly done by the department without any vacancy; so the applicant was allowed to retire without being regularized on 31.07.2021 on superannuation. Hence, the applicant in the present case also being similarly placed is entitled for similar relief. Hence, the applicant has made out a clear case for himself. Hence, I pass the following order:-
“Therefore, the OA is allowed. The respondents are directed to grant the pensionary benefits to the applicant from the date of his superannuation i.e. 31.07.2021. The applicant is also entitled to the arrear of amount from the date 31.07.2021. The aforesaid exercise will be done within a period of 04 months from the date of receipt of certified copy of this order. If the arrear is not paid within the aforesaid period of 04 months, then, the interest will also be paid @ 6% simple interest from the date of this Judgment till the date of actual payment of amount”.
All associated MAs, if any, also stand disposed of accordingly. No costs”.