Madras HC:- Pension a statutory right
conferred under the pension rules applicable from the date when the government
servant was appointed, either on daily wage, temporary or permanent basis.
Pre 2004
Contingent/Casual/Temporary Group D Staff who absorbed permanently in 2005 -
Applicability of Old Pension Rules - HC upholds CAT Order
Upholding
a Central Administrative Tribunal rpt Tribunal order, the Madras High Court
today said right of government servants to receive pension is not a bounty and
it is a statutory right conferred under the pension rules applicable from the
date when the government servant was appointed, either on daily wage, temporary
or permanent basis.
A
Division Bench, comprising Justice N.Paul Vasanthakumar and Justice
M.Sathyanarayanan was dismissing a writ petition filed by Ministry of Atomic
Energy, and Indira Gandhi Centre for Atomic Research (IGCAR), Kalpakkam
challenging the order passed by Central Administrative Tribunal.
In its
order, the bench said it was an undisputed fact that the 16 petitioner
employees had been appointed as casual labourers and subsequently conferred
temporary status from December 31, 1999.
"..
merely because they have been absorbed permanently in the year 2005 in Group
'D' service, they cannot be denied of their statutory right," the court
said.
Earlier
CAT had allowed the original application filed by the 16 employees to extend
the benefit of pension under old Pension Scheme, Central Civil Service
(Pension) Rules, 1972 as they were granted temporary status with effect from
December 31, 1999 on conditions, among others, that 50% of their service
rendered under temporary status would be counted for the purpose of retirement
benefits after their superannuation.
This
was challenged by IGCAR, stating that persons who joined in service on or after
January 1, 2004 were governed by the New Pension Scheme. The CAT rejected it
following which IGCAR filed the present petition.
IGCAR
had engaged 50 Casual labourers for cleaning and assisting Technicians and
Scientists Carrying out the task in various laboratories of IGCAR. Out of 50,
34 casual labourers were regularized prior to January 1,2004.
The
court said a person already in service either as contingent staff or temporary
staff continuously and absorbed in permanent establishment on or after Jan
1,2004 cannot be termed 'new entrant' into service. The new pension scheme can
be applied only to persons appointed for the first time as casual or temporary
or permanent employee on or after January 1,2004.
The
bench clarified that the 50 casual employees appointed by the IGCAR being a
class, there cannot be any classification within them, subsequently made as
temporary employees and absorbed as Group 'D' employees.
While
quoting Supreme Court Judgements the bench said these 16 employees cannot be
treated as 'Fresh appointees' for the purpose of applying new pension scheme
and upheld the order of CAT while dismissing the petition from IGCAR.
Source
: The Economic Times
