ups_01122 — Benefit of issue of complimentary pass, medical facilities and pension for a Railway servant, half of the casual service and full temporary status service should be added to regular service to arrive at 20 years of service for grant of those above-mentioned benefits

Benefit of issue of complimentary pass, medical facilities and pension for a Railway servant, half of the casual service and full temporary status service should be added to regular service to arrive at 20 years of service for grant of those above-mentioned benefits — This chunk discusses an OA (Originating Application) No. 486 of 2013, where a railway servant filed a case for the issuance of complimentary passes, medical facilities, and pension benefits, as his s... — Facts: The Applicant herein joined as a casual labour on 1-10-1992 as his earlier services were dropped due to his joining in a strike and served in that capacity for 4 months from 1-10-1992 to 29-1-1993. Thereafter his service was regularized and he retired as Electrical Fitter Grade II (Power) of Bombay Division of Western Railway. The Respondents counted his qualifying service as 19 years, 3 months and 2 days which is short from 20 years of service. Hence he was denied complimentary pass and medical facilities in Railway Hospital. He submits that his full temporary service from 1-10-1992 to 29-1-1993 is not counted so also his casual service thereby denying him pension and other retirement benefits. Hence he filed this OA. The Respondents based on their record states, that the service of the Applicant as casual labour and temporary labour and permanent status service are also counted and the total service of the Applicant is only 19 years, 3 months and 2 days. Hence he is not entitled for pensionary benefits, pass and medical benefits as he is short of 20 years of service. The above similar contentions were considered in earlier OAs following the Hon'ble High Court earlier order, Union of India through General Manager, Northern Railway and another , v. Sita Ram in W.P. No. (C) 4300 of 2012 decided on 4-1-2013. The Applicant relied on the Tribunal order passed by Lucknow Bench in the case of Nadir Ali v. Union of India and others [ O.A. No. 145 of 2010 decided on 4-10-2013 ]. The Lucknow Bench in the above-said OA considered whether 50% of casual labour service should be taken note of to calculate the total service period for pensionary benefits. Paras. 8 and 9 of that judgment are reproduced. In Para. 8, it is said that the pensionary benefits are statutory and constitutional rights of the Applicant in that OA, the principle of estoppel, therefore will not apply. Paras. 20 and 31 of Railway Service Pension Rules which are reproduced are considered by the Lucknow bench to come to the above conclusion. In Para. 11 of the above said Tribunal judgment, it was held that the Applicant in the above OA would be entitled to get half of the service counted prior to grant of temporary service. In O.A. No. 1921 of 2014 (Prem Pal Singh v. Union of India and others), the Principal Bench directed to count half of casual service and full temporary status service for grant of benefit under MACP / Pensionary benefits, etc. The High Court at Delhi in the case of General Manager of Northern Railway v. Sita Ram referred above passed similar order following the judgment of High Court of Andhra Pradesh. Paras. 9, 10 and 11 are reproduced for clarity.