Munni Devi And Ors vs Union Of India Through And Ors

This MA has been filed by the applicants seeking joining together in a single Original Application. For the reasons stated therein, the same is allowed. The applicants are permitted to join together in a single Original Application. The applicants have filed this OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-

"8.1 to allow the OA and quash and set aside the impugned orders dated 22.01.2014 (Ann. A-1 and consequently direct the respondent to treat late Sh. Dewan Singh - Plumber as regular/permanent employee and grant pensionary benefits of Late (Sh) Dewan Singh and release pension accordingly w.e.f. 01.02.2011 and family pension to the applicant No. 1 w.e.f. 8.6.2004 with Life Time Arrears along with interest @18% p.a. compounded yearly; and

8.2 to grant any other or further appropriate relief as deemed just and proper by this Hon"ble Tribunal in the facts and circumstances of the case besides cost and expenses of the present litigation."

Brief facts of the case are that late Sh. Dewan Singh belongs to Jatav community, who possessed the Employment Registration No.T-25516/73 dated 26.4.1975 of Employment Exchange Agra, on being sponsored and was called for vide letter No.B/Recruitment/June, 76 dated 23.11.1976 and passed requisite test/interview, joined Department of Posts in Agra Division Agra in the capacity of contingency paid Plumber in Group "D" on consolidated salary vide appointment letter dated 4.12.1976.

2.1 It is further stated that the said post of Plumber became Group "C" post in IV CPC w.e.f. 1.1.1986. However, the applicant was granted temporary status w.e.f. 20.11.1989 vide Memo dated 20.1.1992 and was working in the pay scale of Rs.950-1500/-. The said Shri Dewan Singh continued in the same grade and capacity for about 33-34 years and he retired from service on attaining the age of normal superannuation w.e.f. 31.1.2011.

2.2 When the said Dewan Singh was not granted the pensionary benefits, he submitted a representation dated 24.9.2013 (Annexure A-9) to the Hon"ble Prime Minister, which was not even sent to Directorate, New Delhi, however, giving the reference of letter dated 27.12.2003 of respondent no.2, yet without enclosing the same in the impugned order, turned down the representation of the said Dwean Singh by respondent no.3 on the ground that as per 25% vacancies approved by C.O. Lucknow for CP (T/S) quota on the basis of selection-cum-seniority, appointment of CP(T/S) employees are being made to MTS cadre through DPC as per seniority list on availability of approved vacancies and the said Dewan Singh could not be considered for regularization as MTS by the DPC because he was junior with other CP (T/S) as per available seniority list during the DPC held for the purpose and now he has already retired on 31.1.2011 from the CP (Plumber) post, as such he was not entitled for any pensionary benefits.

2.3 Applicants further stated that before the said Dewan Singh could approach this Tribunal for redressal of his grievance, he expired on 7.8.2014 leaving behind the applicants herein.

2.4 Therefore, the legal heirs of late Shri Dewan Singh have approached this Tribunal seeking the reliefs as quoted above.

Pursuant to notice respondents have filed their counter reply in which it is stated that Diwan Singh (disengaged) contingency paid temporary status (Plumber) was engaged as contingency paid Plumber and attached to Agra HO vide order Memo dated 4.12.1976. In accordance with Directorate, New Delhi Communication dated 12.4.1991, temporary status was granted to the applicant vide Memo dated 20.1.1992 w.e.f. 20.1.1989. Certain facilities at par with Group "D" employees were also provided to the applicant in terms of Directorate, New Delhi communication dated 30.11.1992.

3.1 They further stated that regularization of casual labourers (CP T/S Gr. "D") is subject to availability of post/approval of competent authority for filling of vacancies as per seniority after full-filling terms & conditions. As per Recruitment Rules, 2010, the filling of 25% vacancies in Multi Tasking Staff cadre were reserved for CP (TS) under selection-cum-seniority basis through DPC. Accordingly, 25% vacancies were approved by C.O. Lucknow for CP (T/S) quota for the years as 2009 (UR-01) and 2010 (UR-01) and on the basis of existing CP (T/S) employee were made to MTS cadre through DPC held on 5.9.2011 as per seniority list on availability of approved vacancies. As per Seniority list, Shri Diwan Singh could not be considered for regularization in MTS cadre as he was junior than other casual labourer Temporary Status employees and he has been stopped from engagement on 31.01.2011 for plumbing service post before DPC held on 5.9.2011. As such he is not entitled for any pensionary benefits as per rules.

3.2 They also stated the representation addressed by the applicant to the then Hon"ble Prime Minister was received in the office of SSPOs Agra on 30.12.2013 through RO Agra letter dated 27.12.2013 (Annexure R-4). As per direction contained in RO Agra letter cited above, the applicant (Shri Dewan Singh) was informed of the final decision vide SSPOs Agra letter dated 22.1.2014, which is impugned by the legal heirs of deceased Dewan Singh in this OA, wherein it was clearly mentioned that Shri Dewan Singh has already retired on 31.1.2011 from CP (Plumber) post, therefore, he is not entitled for any kind of pensionary benefits. In this regard, the word "retired" was replaced as "disengaged" vide SSPOs Agra letter dated 30.12.2014.

Applicants have also filed their rejoinder reiterating the averments made in the OA and denied the contents of the counter reply filed by the respondents.

Heard learned counsel for the parties and perused the material placed on record.

Counsel for the applicants submitted that Shri Dewan Singh who was conferred temporary status and put in nearly 33-34 service in the respondents department and as such the legal heirs (applicants) are entitled for pensionary benefits as late Shri Dewan Singh was retired from service on attaining the age of superannuation as is evident from the Charge Report at Annexure A-8.

Counsel for the respondents submitted that although the said Dewan Singh was granted temporary status but as per 25% vacancies approved by C.O. Lucknow for CP (T/S) quota on the basis of selection-cum-seniority, appointment of CP (T/S) employees are being made to MTS cadre through DPC as per seniority list on availability of approved vacancies, the said Shri Dewan Singh could not be considered for regularization as MTS by DPC because he was junior with other CP (T/S) as per available seniority list during the DPC held for the purpose and now he had already retired on 31.1.2011 from CP (Plumber) post, therefore, he could not be entitled for any pensionary benefits.

This Court also raised specific query to the learned counsel for the applicants whether any of his juniors was regularised or at the relevant point of time any vacancy under the said 25% quota was/were given to any of his junior. He was unable to give any reply to the said query and stated only that the respondents know the factual status of the matter.

In the absence of any such aforesaid averments, this court is unable to accede to the request of the applicants as it settled law that temporary status employees, who are not regularized in service due to certain circumstances which were beyond the control of the respondents, are not entitled for pensionary benefits, as the pensionary benefits is given to only regularized employee(s) only.

In the result, for the foregoing reasons, the instant OA is dismissed. There shall be no order as to costs.