RBE No, 121/2014
GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)

No. 2012/F(E)III/1(1)/2

New Delhi, Dated: 29.10.2014.

The GMs/FA&CAOs,
All Indian Rauways/Production Units.
(As per mailing list)

Subject: Applicability of Old Pension Scheme to Substitutes who attained temporary status prior to 01.01.2004 but regularized after 01.01.2004 – clarification regarding.

The issue of coverage of substitutes who had attained temporary status prior to 01.01.2004 but regularized after 01.01.2004 under Old Pension Scheme, has been raised by both the recognized Federations (A1RF & NFIR) under PNM.AIRF item No.05/2012 and PNM/NFIR item No.15/2011 respectively. The issue has also been raised under DC/JCM (Railways) item No.20/2012.

2. The issue has been examined by Board and it has now been decided that substitutes who got temporary status prior to 01.01.2004 but regularized/absorbed after 01.01.2004 and after regularization, if the date of appointment is prior to 01.01.2004, in terms of provision of Board’s letter No.E(NG)ll/90/SB/Master Circular dated 29.01.1991(M.C. No.20/91) and para 6 of letter No.E(NG)11/2008/SB/SR115 dated 17.09.2010, then they may be covered under Old Pension Scheme.

3. Further, the employee and employer contribution of the NPS corpus of the Substitutes, mentioned in para 2 above, who so far have been covered under the National Pension System (NPS) may be adjusted in terms of the instructions contained in Board’s letter No.2010/AC-11/21/18 dated 31.03.2014(RBA No.5/2014)

4. Please acknowledge receipt.

(Amitabh Joshi)
Deputy Director Finance( Estt.)III)
Railway Board.

Source: http://www.airfindia.com/Orders%202014/RBE%20121_2014.pdf

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F.No.49014/3/2014- Estt(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block
Dated 16th October,2014

OFFICE MEMORANDUM

Subject: Regularization of Casual Labour with Temporary Status(CL-TS)-Proposals from Ministries/Departments on -regarding.

The undersigned is directed to say that Casual Labourers (Grant of Temporary Status & Regularisation), Scheme of Government of India, 1993, circulated vide DOPT OM No. 51016/2/90-Estt(C) dated 10.09.1993, stipulated conditions for grant of temporary status and regularization of services to the persons recruited on daily wage basis in the Central Government Offices as on 10.09.1993. It was held in the Mohan Pal Case SLP (Civil) No. 2224/2000 that the Scheme of 1-9-93 is not an ongoing Scheme and the temporary status can be conferred on the casual labourers under that Scheme only if they were in employment on the date of the commencement of the scheme and they should have rendered continuous service of at least one year i.e. at least 240 days in a year or 206 days (in case of offices having 5 days a week). The Scheme inter-alia provided for regularization of CL-TS against Group `D’ posts.

2. Following the acceptance of the recommendation of the 6th CPC, all Group D posts have been upgraded to Group C posts. Recruitment to erstwhile Group `D’ posts placed in Group ‘C’, PB-1, Grade Pay ‘1800/- (non technical as MT Staff) is now made only through Staff Selection Commission and minimum educational qualification for appointment is Matriculation or ITI pass. Regularisation of CL-TS therefore cannot be done by the Ministries/ Departments on their own and requires relaxation of para-8 of the Appendix to the O.M. dated 10.09.1993.

3. This Department vide O.M No. 49011/31/2008-Estt(C) dated 17th February,2009 had requested all Ministries/ Department to provide information relating to CL-TS on their rolls. Information relating to 231 CL-TS was received from 29 Ministries/Departments which were processed. Since then this Department has been receiving proposals piece-meal from different

4. Department of Expenditure have now advised this Department that in order to avoid piece- meal examination of such proposals, a consolidated proposal for regularization of all such remaining CL-TS who were on the rolls of the Ministries/Departments on 10.09.1993 and yet could not be regularized may be forwarded to them for further consideration/examination. Therefore, all Ministries/Departments are requested to review the position at their establishments and send a consolidated proposals for regularization of services of such remaining CL-TS on their rolls (including attached/subordinate and autonomous bodies), if any, latest by 30.11.2014 to this Department in the enclosed format. It may be ensured that complete information in respect of the Ministry/Department and its Attached/Subordinate Offices is sent. The information may also be sent by e-mail(in MS Word) at dse@nic.in.

(J.A.Vaidyanathan)
Director(Estt.)
Telefax: 23093179

Source/View/Download: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/49014_3_2014-Estt.C-16102014.pdf

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No. C-18013/4/2013 -EC VI/643-58
Government of India
Directorate General
Central Public Works Department

Nirrnan Bhavan, New Delhi,
Dated June, 2014

OFFICE MEMORANDUM

Subject: Court cases regarding pension by employees who were temporary at the time of resignation.

In a court case for grant of pension for employee who was at the time of resignation from service of Central Government, the court ordered for grant of pension-where as per rules, prior to 1988, temporary employees were not eligible for pension. Brief of the case is enclosed for perusal. To process this case, Ministry has desired following information:-
.

(i) How many such are pending in courts under your region?
(ii) Is there any precedent case in under region where pension has been allowed to a temporary employee before 26.2.1988?
(iii) What would be the financial implication on allowing pension and to all other persons similarly placed?

You are therefore, requested to collect information from zones under your jurisdiction and furnish the same as to the directorate within one month.

(B.B. Makkar)
Chief Engineer (HQ)

Brief history of this case is as under:-
Shri P.P. Bhaskaran joined in this department on 20.11.1964 as Section Officer (later designated as Junior Engineer). He went to IAAI on deputation on 08.07.1975 and later on he got absorption in the regular service of IAAI. He was absorbed in IAAI in 01.09.1977. His service was not confirmed in CPWD (Central Government) as his turn for confirmation had not yet come. He superannuated from IAAI in December 2000. As per service record of the petitioner he was entitled for gratuity only and not pension. Prior to 1988, temporary employees were not eligible for pension. Shri P.P.Bhaskaran filed O.A. No. 1008 of 2012 before the CAT, Madras Bench, to declare that he is entitled to receive pension for the period of service rendered in CPWD from 20.11.1964 to 30.08.1977. Along with the said application he also filed M.A. No.408 of 2011 to waive the waiting period of 6 month from the date of representation for filing OA. The CAT dismissed the OA as well as the MA by its order dated 22.8.2012 holding that the cause of action arose in the year 1977 and therefore it has no jurisdiction to entertain the application.

The Petitioner filed WP. No. 32214 of 2012 challenging the aforesaid order of the CAT before the Hon’ble High Court, Madras. The Hon’ble High Court by an order dated 18.11.2013 allowed the WP and directed CPWD to calculate the pension payab1e to him on pro-rata basis and disburse the arrears a period preceding three years from the date of the O.A. till date of payment.

Source: CPWD
[http://cpwd.gov.in/WriteReadData/other_cir/10702.pdf]

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