Telangana High Court
The Union Of India And 2Others vs K.Chenthama Rakshan on 28 June, 2022
Bench: P Naveen Rao, Sambasivarao Naidu
HON'BLE SRI JUSTICE P. NAVEEN RAO
HON'BLE SRI JUSTICE SAMBASIVARAO NAIDU
W.P. No. 26016 of 2022
Date : 28.06.2022
Between:
The Union of India and 2others
rep by its General Manager South Central Railways Rail
Nilayam Secunderabad & others
Petitioners
And
K Chenthama Rakshan S/o Eithachan Nair
Aged about 60 years Occ TechnicianI Retd in the
0/o Senior Section Engineer Electrical South Central Railway
Bellampalli R/o 1251/3
Bathakammakunta
Opp St Anns School
Taranaka Hyderabad
Respondent
The Court made the following:
HON'BLE SRI JUSTICE P. NAVEEN RAO
HON'BLE SRI JUSTICE SAMBASIVARAO NAIDU
W.P. No. 26016 of 2022
ORDER: (Per Hon'ble Sri Justice P Naveen Rao)
Heard learned Assistant Solicitor General Sri N.Rajeshwar Rao
for petitioners.
2. Respondent was appointed as casual mazdoor on
22.2.1979 and he was accorded temporary status w.e.f. 1.1.1983 and
his services were regularized with effect from 12.6.1990 as Electrical
Khalasi. According to respondent, as per the judgment of the
Supreme Court in Union of India Vs. Rakesh Kumar1 he is entitled
for computation of 50 % of the casual service rendered by him for the
purpose of determination of pension. Thus, he filed O.A.
No.021/231/2018 before the Central Administrative Tribunal
Hyderabad Bench, Hyderabad to implement the decision of the
Supreme Court in Rakesh Kumar and to compute 50 % of the casual
service for counting qualifying service for pensionary benefits.
3. The Tribunal following the judgment of the Supreme
Court in Rakesh Kumar directed computation of 50 % of the casual
service towards determination of monitory and pensionary benefits.
Aggrieved thereby, Union of India filed this writ petition.
(2017) 13 SCC 388
4. Hon'ble Supreme Court in Rakesh Kumar extensively
considered the issue of computation of casual service for the purpose
of determination of pension payable to an employee on his retirement.
Paragraph 53 reads as under:
53. In view of the foregoing discussion, we hold:
53.1. The casual worker after obtaining temporary status is entitled to
reckon 50% of his services till he is regularised on a regular/temporary
post for the purposes of calculation of pension.
53.2. The casual worker before obtaining the temporary status is also
entitled to reckon 50% of casual service for the purposes of pension.
53.3. Those casual workers who are appointed to any post either
substantively or in officiating or in temporary capacity are entitled to
reckon the entire period from date of taking charge of such post as per
Rule 20 of the 1993 Rules.
53.4. It is open to the Pension Sanctioning Authority to recommend for
relaxation in deserving case to the Railway Board for dispensing with or
relaxing requirement of any rule with regard to those casual workers who
have been subsequently absorbed against the post and do not fulfil the
requirement of existing rule for grant of pension, in deserving cases. On a
request made in writing, the Pension Sanctioning Authority shall consider
as to whether any particular case deserves to be considered for
recommendation for relaxation under Rule 107 of the 1993 Rules."
5. From the reading of paragraphs 53.1 and 53.2,
it is clear that an employee is entitled for computation of 50 % of the
casual service rendered by him before he was granted temporary
service till regularization of his services for determination of his
pension.
6. The Tribunal followed the said decision while giving
directions to the petitioners.
7. We do not see any error in the directions of the Tribunal
for determination of pension by counting 50 % of the casual service
rendered before granting temporary appointment towards
determination of pensionary benefits, warranting interference of this
Court. Accordingly, the writ petition fails and same is dismissed.
No costs. Miscellaneous applications, if any pending stand closed.
__________________
P NAVEEN RAO,J
_________________________
SAMBASIVARAO NAIDU,J
DATE:28.06.2022
TVK
HON'BLE SRI JUSTICE P. NAVEEN RAO
HON'BLE SRI JUSTICE SAMBASIVARAO NAIDU
W.P. No. 26016 of 2022
Date : 28.06.2022
