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Thursday, 19 June 2014

Pension by employees who were temporary at the time of resignation [Prior to 1988]

Court case related to CPWD regarding pension by employees who were temporary at the time of resignation [Prior to 1988, temporary employees were not eligible for pension]:-

No. C-18013/4/2013 -EC VI/643-58
Government of India
Directorate General
Central Public Works Department
Nirrnan Bhavan, New Delhi,
Dated June, 2014
OFFICE MEMORANDUM

Subject: Court cases regarding pension by employees who were temporary at the time of resignation.

In a court case for grant of pension for employee who was at the time of resignation from service of Central Government, the court ordered for grant of pension-where as per rules, prior to 1988, temporary employees were not eligible for pension. Brief of the case is enclosed for perusal. To process this case, Ministry has desired following information:-
.
(i) How many such are pending in courts under your region?
(ii) Is there any precedent case in under region where pension has been allowed to a temporary employee before 26.2.1988?

(iii) What would be the financial implication on allowing pension and to all other persons similarly placed?
You are therefore, requested to collect information from zones under your jurisdiction and furnish the same as to the directorate within one month.
(B.B. Makkar)
Chief Engineer (HQ)

Brief history of this case is as under:-

Shri P.P. Bhaskaran joined in this department on 20.11.1964 as Section Officer (later designated as Junior Engineer). He went to IAAI on deputation on 08.07.1975 and later on he got absorption in the regular service of IAAI. He was absorbed in IAAI in 01.09.1977. His service was not confirmed in CPWD (Central Government) as his turn for confirmation had not yet come. He superannuated from IAAI in December 2000. As per service record of the petitioner he was entitled for gratuity only and not pension. Prior to 1988, temporary employees were not eligible for pension. Shri P.P.Bhaskaran filed O.A. No. 1008 of 2012 before the CAT, Madras Bench, to declare that he is entitled to receive pension for the period of service rendered in CPWD from 20.11.1964 to 30.08.1977. Along with the said application he also filed M.A. No.408 of 2011 to waive the waiting period of 6 month from the date of representation for filing OA. The CAT dismissed the OA as well as the MA by its order dated 22.8.2012 holding that the cause of action arose in the year 1977 and therefore it has no jurisdiction to entertain the application.

The Petitioner filed WP. No. 32214 of 2012 challenging the aforesaid order of the CAT before the Hon’ble High Court, Madras. The Hon’ble High Court by an order dated 18.11.2013 allowed the WP and directed CPWD to calculate the pension payab1e to him on pro-rata basis and disburse the arrears a period preceding three years from the date of the O.A. till date of payment.

Source: CPWD
[http://cpwd.gov.in/WriteReadData/other_cir/10702.pdf]
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