The Supreme Court has set aside an order of Central Administrative Tribunal, which had held that a casual labourer (in Railways) after having been granted temporary status is entitled to reckon 100 per cent period of service with temporary status for pensionary benefit.
Allowing the appeal filed by the Union of India, the court held that 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.
The tribunal had allowed a plea of railway employees, who were initially appointed as casual labourers in the Northern Railways and after working for one or more years were granted temporary status and subsequently regularised.
The challenge against this order by the Union of India in the high court was dismissed.
The apex court bench comprising Justice AK Sikri and Justice Ashok Bhushan set aside the high court order, which had refused to interfere with the tribunal’s decision, and held as follows: