ups_00745 — Half of the service rendered by a person who worked as Commission Bearer is to be added to his regular service for calculating his financial benefits after retirement

UPS

Half of the service rendered by a person who worked as Commission Bearer is to be added to his regular service for calculating his financial benefits after retirement — This chunk discusses the court decision in the case of M. Prabhakaran Nambisan v. General Manager, Southern Railway and others regarding whether a retired Commission Bearer is entitled to count half ... — Facts : Applicant, herein, is a retired Server of the Department of Vegetarian Refreshment Room, Ernakulam Station of Southern Rly., Thiruvananthapuram Division. He superannuated from service on 31-12-2006. His prayer is to reckon 50% of the Commission Bearer service from 22-1-1982 up to 1-7-2000 and the whole of his service from 2-7-2000 to 31-12-2006 for the purpose of pension and retirement benefits. Earlier also he filed an O.A. No. 794 of 2016 for the same relief which was disposed of by Respondents to approach the department which was not agreed to. Hence the Applicant filed this OA for the above-said relief. Counsel for the Respondents contended that Commission Bearers were not engaged as contract labour or casual labour which means that there is no employer-employee relationship for those appointed as Commission Bearers. Hence the Applicant is not entitled for pensionary benefits under Rules 14 (xiv), 24 and 31 of the Railway Services (Pension) Rules, 1993. The short question to be answered in this OA is, whether the Applicant is entitled to count 50% of his service as Commission Bearer from the initial date of his engagement till regular absorption in service for the purpose of calculation of pension and gratuity℃ Tribunal in a similar case in O.A. No. 417 of 2013, V.S. SyedAli (Rtd.) and others v. Union of India and others considered the prayer as prayed in this OA. It is said in that judgment to count half of the period of Commission Bearer from initial engagement to regular absorption for calculation of pension and other terminal benefits. That order in full from Para. 2 to 8 is reproduced in this judgments for clarity.

UPS

Half of the service rendered by a person who worked as Commission Bearer is to be added to his regular service for calculating his financial benefits after retirement — This chunk discusses the court decision in the case of M. Prabhakaran Nambisan v. General Manager, Southern Railway and others regarding whether a retired Commission Bearer is entitled to count half ... — Facts : Applicant, herein, is a retired Server of the Department of Vegetarian Refreshment Room, Ernakulam Station of Southern Rly., Thiruvananthapuram Division. He superannuated from service on 31-12-2006. His prayer is to reckon 50% of the Commission Bearer service from 22-1-1982 up to 1-7-2000 and the whole of his service from 2-7-2000 to 31-12-2006 for the purpose of pension and retirement benefits. Earlier also he filed an O.A. No. 794 of 2016 for the same relief which was disposed of by Respondents to approach the department which was not agreed to. Hence the Applicant filed this OA for the above-said relief. Counsel for the Respondents contended that Commission Bearers were not engaged as contract labour or casual labour which means that there is no employer-employee relationship for those appointed as Commission Bearers. Hence the Applicant is not entitled for pensionary benefits under Rules 14 (xiv), 24 and 31 of the Railway Services (Pension) Rules, 1993. The short question to be answered in this OA is, whether the Applicant is entitled to count 50% of his service as Commission Bearer from the initial date of his engagement till regular absorption in service for the purpose of calculation of pension and gratuity℃ Tribunal in a similar case in O.A. No. 417 of 2013, V.S. SyedAli (Rtd.) and others v. Union of India and others considered the prayer as prayed in this OA. It is said in that judgment to count half of the period of Commission Bearer from initial engagement to regular absorption for calculation of pension and other terminal benefits. That order in full from Para. 2 to 8 is reproduced in this judgments for clarity.

ups_00745 — Half of the service rendered by a person who worked as Commission Bearer is to be added to his regular service for calculating his financial benefits after retirement

Original Rule Text

ups_00745 — Half of the service rendered by a person who worked as Commission Bearer is to be added to his regular service for calculating his financial benefits after retirement

Original Rule Text