Casual Labourers with temporary status-clarification regarding contribution to GPF and Pension under the old pension scheme
No.49014/2/2014-Estt (C)
Government of India
Ministry of Personnel, Public Grievances and PG
Department of Personnel and Training
Establishment Division
New Delhi, North Block,
February 26th , 2016
OFFICE MEMORANDUM
Subject:
Casual Labourers with temporary status-clarification
regarding contribution to GPF and Pension under the old pension scheme
Undersigned is directed to refer to this Department’s OM No.
51016/2/90-Estt (C) dated the 10th September, 1993 vide which a scheme
for grant of temporary status to the casual employees was framed. The
scheme applied to those casual labourers who were in employment on the
date of the issue of the OM and had rendered one year of
continued service in Central Government offices, which meant that they
must have been engaged for a period of at least 240 days (206 days in
the case of offices observing 5 days week). The scheme did not apply to
Departments of Telecom & Posts and Ministry of Railways.
2. As per the scheme, after rendering three years’ continuous
service after conferment of temporary status, the casual labourers were
to be treated at par with temporary Group ‘D’ employees for the purpose
of contribution to the General Provident Fund. Further, after their
regularisation, 50% of the service rendered under temporary status would
be counted for the purpose of retirement benefits.
3. As per para 8 of the scheme, two out of every three
vacancies in Group ‘D’ cadres in respective offices where the casual
labourers have been working would be filled up as per extant recruitment
rules and in accordance with the instructions issued by Department of
Personnel and Training from amongst casual workers with temporary
status. However, regular Group ‘D’ staff rendered surplus for any reason
will have prior claim for absorption against existing/future vacancies.
In case of illiterate casual labourers or those who fail to fulfill the
minimum qualification prescribed for post, regularisation will
be considered only against those posts in respect of which literacy or
lack of minimum qualification will not be a requisite qualification.
They would be allowed age relaxation equivalent to the period for which
they have worked continuously as casual labourer.
4. Vide the O.M. No.49014/1/2004 -Estt (C) dated the 26
thApril, 2004, the above scheme was reviewed in the light of
introduction of New Pension Scheme in respect of persons appointed to
the Central • Government service on or after 1.1.2004 as under:
(i) As the new pension scheme is based on defined
contributions, the length of qualifying service for the purpose of
retirement benefits has lost its relevance, no credit of casual service,
as specified in para 5 (v), shall be available to the casual labourers
on their regularisation against Group ‘D’ posts on or after 1.1.2004.
(ii) As there is no provision of General Provident Fund in
the new pension scheme, it will not serve any useful purpose to continue
deductions towards GPF from the existing casual employees, in terms of
para 5 (vi) of the scheme for grant of temporary status. It is,
therefore, requested that no further deduction towards General Provident
Fund shall be effected from the casual labourers w. e. f.
1.1.2004 onwards and the amount lying in their General Provident Fund
accounts, including deductions made after 1.1.2004, shall be paid to
them.
2. The existing guidelines contained in this Department’s OM
No. 49014/2/86-Estt.(C) dated 7.6.88 may continue to be followed in the
matter of engagement of casual workers in the Central Government
Offices.
5. The OM dated 26th April, 2004 has been quashed by various
benches of CAT/High Courts who have decided that the scheme could not be
modified retrospectively. The SLPs filed in the Hon’ble Supreme Court
have been dismissed by the Apex Court in UOI & Ors v Rameshwar
Singh, CC 1829/2014, UOI & Ors v Ramsaran & Ors, SLP (C) No.
25360-25362 of 2008, SLP 17358/2008, SLP 25360-62/09, Union of India etc
v Ajay Kumar & Ors, SLP No.19673-19678/2009.
6. The position has been reviewed in the light of the Court
judgements in consultation with the Department of Expenditure. It has
now been decided that the casual labourers who had been granted
temporary status under the scheme, and have completed 3 years of
continuous service after that, are entitled to contribute to the General
Provident Fund.
7. 50% of the service rendered under temporary status would
be counted for the purpose of retirement benefits in respect of those
casual labourers who have been regularised in terms of para 8 of the OM
dated 10.09. 1993.
8. It is emphasised that the benefit of temporary status is
available only to those casual labourers who were in employment on the
date of the issue of the OM dated 10th September, 1993 and were
otherwise eligible for it. No grant of temporary status is permissible
after that date. The employees erroneously granted temporary status
between 10.09.1993 and the date of Hon’ble Supreme Court judgement in
Union Of India And Anr vs Mohan Pal, 2002 (3) SCR 613, delivered on 29
April, 2002, will however be deemed to have been covered under the
scheme of 10.09.93.
9. Ministries/Departments are also requested to identify
cases where temporary status has been granted wrongly to those not
covered under the OM dated 10.09.1993 and fix responsibility for the
same.
sd-
(Mukesh Chaturvedi)
Director (E)
Authority: www.persmin.gov.in
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