Railways must count 50% casual and full temporary service for pensionary benefits.

The applicant, Umesh Chand Saxena, retired as Technician Grade I from Northern Railway on 31.07.2017 after attaining superannuation.

He was initially engaged on a casual basis from 06.12.1976 to 19.07.1977.

Subsequently, he was appointed as a Temporary Wireman from 09.10.1980 to 10.06.1983.

He was then regularly appointed as a Gangman after a screening test on 31.07.1983.

The respondents issued a Pension Payment Order (PPO) on 04.08.2017, stating 31 years of qualifying service, and a revised PPO on 09.05.2018, changing the period for commutation of pension recovery from 01.08.2017-31.07.2032 to 09.05.2018-09.05.2033.

The applicant previously approached the Tribunal via OA/2509/2022, which was disposed of on 18.10.2023, directing respondents to pass a reasoned order on his representation.

The current OA challenges the impugned order dated 12/16.07.2022, which was issued in compliance with the Tribunal's earlier direction.

The applicant sought to count his entire service from 31.07.1983 as qualifying service and 50% of his casual service prior to 31.07.1983 for pensionary benefits, as well as to recover commutation for only 15 years from the date of retirement.

The relief concerning post-retirement passes was not pressed with liberty for future agitation.

Whether the applicant is entitled to have 50% of his casual service and his full service from 31.07.1983 counted as qualifying service for pensionary and retirement benefits.

Whether the recovery period for the commuted pension amount should start from the date of retirement, i.e., 01.08.2017, for 15 years.

The court primarily applied the principles enunciated by the Hon'ble Apex Court in *Union of India & Ors. v. Rakesh Kumar & Ors.* (AIR 2017 SCC 1691), which clarifies that casual workers are entitled to reckon 50% of their service before obtaining temporary status for pension calculation, and 50% of their service after obtaining temporary status until regularization, for pension purposes.

Rule 32 of the Railway Services (Pension) Rules, 1993, states that service rendered as a substitute shall be counted for pensionary benefits from the date of completion of three months for teachers and four months for others of continuous service as substitute, followed by absorption in a regular Group C or Group D post without any break.

The Court found that the applicant had worked on a casual basis from 06.12.1976 to 19.07.1977 and as a temporary Wireman from 09.10.1980 to 10.06.1983, prior to his regular appointment on 31.07.1983, which was established through the applicant's assertions, the respondents' non-denial, and the casual labour card mentioned in the applicant's biodata.

Applying the *Rakesh Kumar* judgment, the Court concluded that the applicant was entitled to count 50% of his casual service for retirement benefits.

Furthermore, even if initially appointed as a substitute, Rule 32 of the Railway Services (Pension) Rules, 1993, mandates counting such service (after specified continuous periods) if followed by absorption in a regular post.

Since the appointment on 25.07.1983 was on a temporary basis, the Court determined that this service should also be counted for retirement benefits based on the principles of *Rakesh Kumar*.

Regarding the commutation recovery, the Court found no justification for the respondents to revise the PPO to change the starting date of deduction from 01.08.2017 (date of retirement) to 09.05.2018 (date of revised PPO), therefore mandating adherence to the original start date.

The Tribunal directed the respondents to count 50% of the applicant's casual service and his full service from 31.07.1983 until his superannuation for pension and retirement benefits.

The deduction for commutation of pension was ordered to commence from 01.08.2017 for the admissible period.

The applicant is entitled to consequential benefits, including revision of PPO, arrears of pension, and retirement benefits, with interest at admissible GPF rates.

These directions are to be complied with within eight weeks from the date of receipt of the certified copy of the order.