Counting of full service of temporary casual labourers for pensioners and retirement benefits in Railways: Item No. 25/2019/SC Standing Committee Meeting
AGENDA DISCUSSED DURING THE STANDING COMMITTEE MEETING HELD ON 26.2.2021 – DECISIONS TAKEN
A. Unresolved Items of the Earlier SCM held on 7.3.2019
Item Nos. and Ministry / Deptt.: Item No. 25/2019/SC. Ministry of Railways
Subject: Counting of full service of temporary casual labourers for pensioners and retirement benefits in Railways
Decision in the Meeting of 7.3.2019: ED(IR), M/o Railways stated that as per the existing instructions, in case casual labourers are absorbed in regular establishments, half of the service rendered as casual labourer from the date of attaining temporary status till absorption in regular service is counted as qualifying service for the purpose of pension. It was informed by ED(IR) that they follow orders passed by Apex Court on 24.3.2017., in SLP filed by Rakesh Kumar Vs. Union of India in the Hon’ble Supreme Court, in which the Apex Court directed that “the casual labourers, who are absorbed in regular establishment, half of the service rendered as_ casual labour ‘from the date of attaining temporary status till absorption in regular service, may be counted as qualifying service for the purpose of pensionary benefits”.
Status as on 25.02.2021: Ministry or Railways has informed through their letter dated 23.02.2021 that as per the extant / settled practice and various rules/circulars of the Railways only 50% of the service after attaining temporary status by the Casual Labour and 100% of service after regularization (taking charge of a regular post) are admissible for counting ‘ of pensionary benefits. No part of Casual service prior to attainment of temporary status is to be counted for pensionary benefits. This also in consonance with DoP&T’s clarification in this matter. DoP&T vide their O.M. No. 49014/2/2014—Estt(C) dated 26.02.2016 have clarified that only 90% of the service rendered under temporary status would’ be counted for the purpose of retirement benefits to Casual labour.
Hence, this item may be treated as closed.
Discussions/Decision on 26.02.2021:
Secretary, Staff Side stated that this item has been lingering on for the last 20 years. Ministry of Railways has been approaching DOPT for giving permission for the same. In Rakesh Kumar vs. UOI also, the decision has been given in the same spirit. It was finally decided that the Ministry of Railways will examine it again and take a decision in the matter.
Hence, the matter may be discussed by the Ministry of Railways with the Staff Side in the next Depart-mental Council Meeting.