A News report published in Economic Times
CHENNAI: Upholding a Central Administrative 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: Economic Times]