ups_01256 — Temporary Status Casual Labourers who have attained the regular status after 1-1-2004 but their date of entrance to the Railway Service is counted earlier to 1-1-2004 due to addition of half of their temporary casual service and hence their entry to the Railway service dates back prior to 1-1-2004 are to be paid final settlement dues based on old pension rules but not based on new pension rules introduced on 1-1-2004

Temporary Status Casual Labourers who have attained the regular status after 1-1-2004 but their date of entrance to the Railway Service is counted earlier to 1-1-2004 due to addition of half of their temporary casual service and hence their entry to the Railway service dates back prior to 1-1-2004 are to be paid final settlement dues based on old pension rules but not based on new pension rules introduced on 1-1-2004 — This chunk discusses the Tribunal's ruling in two OAs (Original Applications) regarding the pension benefits for casual laborers who were later regularized in the Railways. The ruling is based on Sen... — Facts: Two OAs namely, 492 of 2010 and 616 of 2010 are disposed of by this judgment as facts are same so also the relief asked for. In O.A. No. 492 of 2010, there are six Applicants who were engaged as casual labourers and worked as skilled fitters in various trades. Applicant Nos. 1 to 5 were regularized on 20-7-2006. Applicant No. 6 was regularized on 20-3-2009. Applicant in O.A. No. 616 of 2010 was regularized on 20-3-2009. By counting half of their earlier temporary service, their date of permanent status entry goes back prior to 1-1-2004. Applicant in O.A. No. 616 of 2010 retired on 30-9-2007 and all the Applicants in O.A. No. 492 of 2010 will retire between years 2013 and 2016. The New Pension Scheme was brought in use by Serial Circular 10/2004 with effect from 1-1-2004 by Railways. This circular is reproduced in the judgment. All the Applicants are aggrieved due to the fact that their pensionary benefits are said to be controlled by the New Pension Scheme as their services were regularized after 1-1-2004. They pray for payment of their pensionary benefits based on the scheme in existence earlier to 1-1-2004, i.e. old pension scheme. The Applicants relied on the earlier judgment of the Tribunal in O.A. No. 684 of 2005 to assist their case. The Respondents state that the Applicants in O.A. No. 684 of 2005 belong to Postal Service and is governed by the Postal Department Circular, dated 23-2-1993. The treatment of casual labourer in that scheme is different and cannot be adhered to in the case of Railway employees. Further, it stated that Railway Circular No. 206 of 2004, dated 16-12-2004 provides for casual labourer regularized after 1-1-2004 will be governed by the New Pension Scheme introduced from 1-1-2004. Hence in view of the above, the Applicants in both OAs are to be paid final settlement dues based on New Pension Scheme. The Tribunal examined the submission of both sides as noted above and held: