SRI ANANDA @ ANANDA GHADEI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. N.R. Routray, Advocate for the Applicant and Mr. S.L. Patnaik, Addl. Standing Counsel appearing on behalf of the Respondents (Railways).

(2.) The Applicant was engaged by the Railways on casual basis from 27.12.1966 to 8.12.1971. He was again reengaged as such from 5.1.1972. He was conferred with Temporary Status w.e.f. 1.1.1981 and, ultimately, regularised as against a Group D post from 7.2.1986. While the Applicant was continuing as casual Khalasi, several regular posts were created w.e.f 1.4.1973 on the basis of fresh strength of Group D posts as on 31.3.1971, 31.3.1972 and 31.3.1973. However, the service of casual labours were regularised against the posts (created w.e.f. 1.4.1973) on various dates, subsequent to 1.4.1973. It may be noted here that while regularisation of casual labours, as aforesaid, was in the process, the Applicant received temporary status on 1.1.1981 and his services were regularised w.e.f. 7.2.1986. On his retirement on 30.6.1994, he was not given the terminal benefits by computing the entire period of service he rendered for the Railways and, as a consequence, he was given the benefit of 50% period between 1.1.1981 and 7.2.1986 and for the entire period between 8.2.1986 and 30.6.1994 only. Since the entire period of his services were not reckoned for the purpose of payment of pensionary/terminal benefits, the Applicant has filed the present Original Application for redressal of his grievances.

(3.) IT appears from Annexure-2 dated 26.4.1989 that the Railways decided to ante date/ put back the date of regularisation of casual labours to 1.4.1973, provided that they fulfilled the following three conditions:-