Om Prakash v. Paley Ram and Ors.

2. Learned counsel for the parties state in unison that the orders passed by the Tribunal as impugned in these petitions, are premised on the order dated 27.08.2014 passed in OA no.2632/20l[3] entitled Lankush Singh vs. Union ofIndia & Ors. We may note that the order passed in the case of Lankush Sinsh (supra) and extracted in the impugned order dated 26.09.2014, is based on the judgment of the Division Bench of the Andhra Pradesh High Court in the case of General Manager, South Central Railways vs. Shaik Abdul Khader, [(2004) 1 SLR 214], Vide order dated 27.08.2014, the Tribunal had directed the petitioners herein to count 50% of the casual service and 100% of the temporary service rendered by the respondent along with his entire service as a regular employee till the date of his superannuation for the purposes of calculating his pension. As far as the claim of ACP/MACP benefit is concerned, the petitioners were directed to consider the same after re-fixing the respondent’s qualifying service and granting the same to him from the due dates, if he was found so eligible. Learned counsel for the parties state that much water has flown under the bridge since the impugned judgment was pronounced by the Tribunal, inasmuch as the entire issue has been examined threadbare by the Supreme Court in a recent decision in the case of Union ofIndia & Ors. vs. Rakesh Kumar & Ors. [2017 (4) SCALE 16], wherein after examining the decision of the Andhra Pradesh High Court in the case ofAbdul Khader {supra) and another judgment dated 01.05.2009 of a Coordinate Bench of the Andhra Pradesh in the case of General Manager, South Central Railways, Secunderabad vs. A. Ramana, W.P.(C)No. 10838/2001, the Supreme Court # %

3. only 50 per cent period of such.service can be reckoned for pensionary benefit?”

4. On the aspect of reckoning 50% of the service as casual labour, it was observed by the Supreme Court that there was no challenge to the same, as it was in accordance with Rule 31 of the Railways Services (Pension) Rules, 1993, and it was further observed that the benefit of the said 50% service of casual period has already been extended to the respondent therein. Coming to the other aspect that was.with regard to counting 50% of service after grant of temporary status, for purposes of pensionary benefit, the Supreme Court held as follows:-

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6. “R.B.E. No.215/2009 Subject: Extension of the benefit of MACP Scheme to the reckon 50% of the Temporary Status casual labour service. % Please refer to Board's letter ofeven number dated 10.06.2009 regarding the Modified Assured Career Progression Scheme (MACPS). The issue regarding extension of the scope of the MACP Scheme so as to count 50% of temporary status pasual labour service on absorption in regular employment for the purpose of grant of benefit under the MACP had been under consideration. The matter has been examined and it has been decided that 50% of temporary status casual labour service on absorption in regular employment may be taken

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3. ' > Directorate ofthe Ministry ofRailways. ” It is submitted by learned counsel for the petitioners that for the purposes of extending the benefits under the MACP Scheme, 50% of the temporary status of a casual labour shall be counted till his absorption in the regular employment. The said submission is supported by learned counsels for the respondents who state that there is no dispute on this issue as well. This being the position, all the impugned orders are quashed and set The present petitions are disposed of with a direction to the petitioners to re-calculate the pensionary benefits of each of the respondents in terms ofthe judgment ofthe Supreme Court in the case ofRakesh Kumar (supra). Further, the benefit of the AGP/MACP Scheme shall be calculated in each case on the basis of the circular referred to above namely, R.B.E. No.215/2009 by counting 50% of service after grant of temporary status to the respondents, in addition to the length of service after grant of regular

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8. aside. % appointment. The entire process shall be completed by the petitioners within three months from today and the arrears shall be paid to the respondents within two months therefrom along with a computation. Parties are left to bear their own expenses.

9. HIMA TOjmLI, J. REKHlA MLLI, J. AUGUST 14, 2018 aa