ups_01120 — Temporary status enjoyed by casual labourers as per the 1993 Scheme anterior to their regularization in Group 'D' makes them eligible for the benefits of CCS (Pension) Rules, 1972 if such temporary status continued on the day when the New Pension Scheme (NPS) came into vogue. Hence the Applicant herein, who was granted temporary status under the Casual Labour (Grant of Temporary Status and Regularization) Scheme of Government of India in 1993 is entitled for CCS (Pension) Rules, 1972. As per 199

UPS

Temporary status enjoyed by casual labourers as per the 1993 Scheme anterior to their regularization in Group 'D' makes them eligible for the benefits of CCS (Pension) Rules, 1972 if such temporary status continued on the day when the New Pension Scheme (NPS) came into vogue. Hence the Applicant herein, who was granted temporary status under the Casual Labour (Grant of Temporary Status and Regularization) Scheme of Government of India in 1993 is entitled for CCS (Pension) Rules, 1972. As per 1993 OM, casual labourers on regularization gets right to be included in the CCS (Pension) Rules, 1972. Such persons are entitled to contribute General Provident Fund which was a concomitant of the CCS (Pension) Rules — The chunk is a court ruling that the temporary status enjoyed by casual laborers under the 1993 Scheme, if continued at the time when the New Pension Scheme (NPS) was introduced, makes them eligible ... — Facts: The Applicant was first engaged as a casual daily rated labour having been sponsored by Employment Exchange. He was granted temporary status service under the Casual Labour (Grant of Temporary Status and Regularization) Scheme of Government of India in 1993 vide Annexure A-I order. Casual Labourers under Union of India (R-1) and Flag Officer Commanding-in-Chief (R-2) filed OAs before Ernakulam Bench of the Tribunal for regularizing them in Group 'D' posts. But Applicant and three others were not included in the above said OAs, they filed O.A. No. 687 of 2007 for granting them same relief of regularization as is done in other earlier case. The said OA of the Applicant was allowed regularizing him from 15-9-2008. Hence the Applicant was included under the NPS ignoring the fact that he had worked prior to 1-1-2004. Hence he filed this OA to grant pension in all aspects under the CCS (Pension) Rules, 1972 and compute, draw and disburse his pension under the 1972 Rule. He also prays for counting half of his temporary service for the purpose of pensionary benefits and return the amount recovered from him under the contributory fund under the New Pension Scheme. The Tribunal noted that the Applicant was granted temporary status under DoP&T Scheme vide OM, dated 10-9-1993. It is a fact that 50% of casual temporary service granted as temporary service in 1993 Scheme of DoP&T would be counted for retirement benefits. He was regularized due to filing a Case No. 687 of 2007 which was disposed of in his favour with effect from 15-9-2008. The Applicant was working as temporary status casual labour without interruption till he was regularized on 15-9-2005. The 1993 Scheme of DoP&T for granting benefits to temporary status casual labour is reproduced. The benefits indicate that those employees given status almost akin to that of a regular increments, leave encashment and facility of carrying forward the leave at their credit on regularization, maternity leave, etc. In this context, Rule 13 of CCS ( Pension) Rules, 1972 is reproduced. From that it can be seen that "the qualifying service for the purpose of pension under CCS (Pension) Rules, 1972 is reckoned from the date, the Government servant takes charge of the post to which he is appointed in temporary capacity, provided that such temporary service is followed without interruption by substantive appointment in the same or another service or post. "It is accepted by the Government that the Applicant was given regularization while he was uninterruptedly working as Casual Labour with temporary service. Applicant relied on the judgments of Delhi High Court to support his case. Relevant Para. of the judgment is reproduced for clarity." In DoP&T's OM, dated 26-2-2016, Paras. 6, 7 and 8 are reproduced. Even though the aforesaid OM of DoP&T, dated 26-2-2016 does not speak in so many words as to whether the casual labourers who were granted temporary status as per 1993 OM, on regularization gets the right to be included in CCS (Pension) Rules, 1972, it definitely acknowledges that such persons are entitled to contribute to General Provident Fund which was a concomitant of the CCS (Pension) Rules, 1972. The aforesaid judicial decision is that "the temporary status enjoyed by the Casual Labour as per 1993 Scheme anterior to their regularization in Group 'D' makes them eligible for benefits of CCS (Pension) Rules, 1972 if such temporary status continued on the day when NPS came into vogue. Hence the stand taken by the Respondents that the Applicant having been appointed as Group 'D' employee only after 1-1-2004 is not entitled to the benefits of CCS (Pension) Rules, 1972 is unsustainable".

UPS

Temporary status enjoyed by casual labourers as per the 1993 Scheme anterior to their regularization in Group 'D' makes them eligible for the benefits of CCS (Pension) Rules, 1972 if such temporary status continued on the day when the New Pension Scheme (NPS) came into vogue. Hence the Applicant herein, who was granted temporary status under the Casual Labour (Grant of Temporary Status and Regularization) Scheme of Government of India in 1993 is entitled for CCS (Pension) Rules, 1972. As per 1993 OM, casual labourers on regularization gets right to be included in the CCS (Pension) Rules, 1972. Such persons are entitled to contribute General Provident Fund which was a concomitant of the CCS (Pension) Rules — The chunk is a court ruling that the temporary status enjoyed by casual laborers under the 1993 Scheme, if continued at the time when the New Pension Scheme (NPS) was introduced, makes them eligible ... — Facts: The Applicant was first engaged as a casual daily rated labour having been sponsored by Employment Exchange. He was granted temporary status service under the Casual Labour (Grant of Temporary Status and Regularization) Scheme of Government of India in 1993 vide Annexure A-I order. Casual Labourers under Union of India (R-1) and Flag Officer Commanding-in-Chief (R-2) filed OAs before Ernakulam Bench of the Tribunal for regularizing them in Group 'D' posts. But Applicant and three others were not included in the above said OAs, they filed O.A. No. 687 of 2007 for granting them same relief of regularization as is done in other earlier case. The said OA of the Applicant was allowed regularizing him from 15-9-2008. Hence the Applicant was included under the NPS ignoring the fact that he had worked prior to 1-1-2004. Hence he filed this OA to grant pension in all aspects under the CCS (Pension) Rules, 1972 and compute, draw and disburse his pension under the 1972 Rule. He also prays for counting half of his temporary service for the purpose of pensionary benefits and return the amount recovered from him under the contributory fund under the New Pension Scheme. The Tribunal noted that the Applicant was granted temporary status under DoP&T Scheme vide OM, dated 10-9-1993. It is a fact that 50% of casual temporary service granted as temporary service in 1993 Scheme of DoP&T would be counted for retirement benefits. He was regularized due to filing a Case No. 687 of 2007 which was disposed of in his favour with effect from 15-9-2008. The Applicant was working as temporary status casual labour without interruption till he was regularized on 15-9-2005. The 1993 Scheme of DoP&T for granting benefits to temporary status casual labour is reproduced. The benefits indicate that those employees given status almost akin to that of a regular increments, leave encashment and facility of carrying forward the leave at their credit on regularization, maternity leave, etc. In this context, Rule 13 of CCS ( Pension) Rules, 1972 is reproduced. From that it can be seen that "the qualifying service for the purpose of pension under CCS (Pension) Rules, 1972 is reckoned from the date, the Government servant takes charge of the post to which he is appointed in temporary capacity, provided that such temporary service is followed without interruption by substantive appointment in the same or another service or post. "It is accepted by the Government that the Applicant was given regularization while he was uninterruptedly working as Casual Labour with temporary service. Applicant relied on the judgments of Delhi High Court to support his case. Relevant Para. of the judgment is reproduced for clarity." In DoP&T's OM, dated 26-2-2016, Paras. 6, 7 and 8 are reproduced. Even though the aforesaid OM of DoP&T, dated 26-2-2016 does not speak in so many words as to whether the casual labourers who were granted temporary status as per 1993 OM, on regularization gets the right to be included in CCS (Pension) Rules, 1972, it definitely acknowledges that such persons are entitled to contribute to General Provident Fund which was a concomitant of the CCS (Pension) Rules, 1972. The aforesaid judicial decision is that "the temporary status enjoyed by the Casual Labour as per 1993 Scheme anterior to their regularization in Group 'D' makes them eligible for benefits of CCS (Pension) Rules, 1972 if such temporary status continued on the day when NPS came into vogue. Hence the stand taken by the Respondents that the Applicant having been appointed as Group 'D' employee only after 1-1-2004 is not entitled to the benefits of CCS (Pension) Rules, 1972 is unsustainable".

Original Rule Text

Original Rule Text