Only 50% of the casual worker’s service is to be reckoned for calculating pension after obtaining temporary status

Supreme Court: In the case where the respondents who were initially engaged on casual basis and after one or two years were granted the temporary status and thereafter were regularized, had sought for full service benefit for the period during which they were working, having temporary status, 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. It was further added that the casual worker before obtaining the temporary status is also entitled to reckon 50% of casual service for purpose of pension.

The respondents in the present case were working in the Railways and hence, the Court said that 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 to such post as per Rule 20 of the Railway Services (Pension) Rules, 1993. The Court held that the Delhi High Court erred in holding that the worker is entitled to reckon 100% of his services for the purpose of calculation of pension and noticed that the perusal of Rules indicate that only half of the period of service of a casual labour after attainment of temporary status on completion of 120 days continuous service if it is followed by absorption in service as a regular Railway employee, counts for pensionary benefits.

The Bench of Dr. A.K. Sikri and Ashok Bhushan, JJ further clarified that it   is   open   to   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   fulfill   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  Rules, 1993. [Union of India v. Rakesh Kumar, 2017 SCC OnLine SC 274, decided on 24.03.2017]

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