Granting temporary status for pension calculation necessitates individualized assessment; no automatic benefits.

The applicant, C.V. Santhosh, started as a Casual Labourer in the Southern Naval Command.

His name appears at Serial no. 83 in the gradation list (Annexure-1).

Similar casual labourers had previously filed O.A. No. 34 of 2007 seeking regularization in Group D Cadre, which was partly allowed, directing the grant of temporary status in accordance with the Scheme formulated via order dated 10-09-1993, with temporary status notionally granted from the date immediate seniors received it.

This order became final through Annexure-A3 judgment and Annexure-A4 order of the Hon'ble High Court and Hon'ble Supreme Court respectively.

Although not a party to those proceedings, the applicant was granted temporary status from 13.03.2009 and regularized from 13.06.2011.

The applicant now contends that his seniors in the gradation list were granted temporary status from 19.03.2002, and he should receive the same benefit.

If his temporary status is reckoned from 19.03.2002, 50% of the period until regularization would be added for pension under the CCS (Pension) Rules.

The respondents disputed the claim, stating that since the applicant was regularized after 01.01.2004, he falls under the National Pension System.

1. Whether the applicant is entitled to the conferment of temporary status with effect from 19.03.2002, at par with his seniors in the gradation list.

2. Whether, as a result of antedating the temporary status, the applicant is entitled to pensionary benefits under the Central Civil Services (Pension) Rules, 1972, and re-fixation of his pay and arrears.

The court primarily applied the directions issued in O.A. No. 34 of 2007, which mandated the grant of temporary status according to the 1993 Scheme and regularization for similarly situated casual labourers.

It also referenced Annexure-A12, a common order of the Tribunal in O.A Nos. 704/2016, 799/2016, 821/2016, and 965/2016 dated 24.08.2023, which directed the respondents to antedate temporary status to 19.03.2002 for individual applicants and ascertain their entitlement to pension under the CCS (Pension) Rules, 1972.

The court also considered DoPT O.M No. 49014/2/2014 – Estt(C) dated 26.02.2016 (though respondents argued it didn't apply), which provided for employees with temporary status and three years of continuous service to fall under the Old Pension Scheme.

The Tribunal recognized that the applicant, although not a direct party to the earlier proceedings (Annexure-A2 to Annexure-A4), had already been granted the benefit of regularization and temporary status, albeit from a later date (13.03.2009).

The core of the applicant's claim was to align his temporary status commencement date with that of his seniors (19.03.2002) to secure pension benefits under the old scheme.

The court noted that a similar issue had been addressed in Annexure-A12, which provided a framework for deciding such claims.

In that common order, the Tribunal directed the respondents to specifically examine individual cases, antedate the conferment of temporary status to 19.03.2002, and then ascertain entitlement to pension under the CCS (Pension) Rules, 1972.

The Tribunal found the applicant's situation to be "identically placed" with those in the prior cases, justifying the application of the same directions.

This approach allows for a case-by-case assessment by the respondents to determine actual eligibility, including the requisite qualifying service of 10 years for pension benefits.

The respondents are directed to take a decision within 90 days of receiving the order, specifically: to antedate the conferment of temporary status for the applicant to 19.03.2002, ascertain his entitlement for pension under the CCS (Pension) Rules, 1972, quantify due benefits, and re-fix pay where applicable, even if the 10-year qualifying service for pension is not met.

No costs were awarded.