Temporary Status Grant Backdated for Pension Eligibility Based on Precedent.

The applicant, P.N. Balakrishnan, was a Casual Labourer in INS Venduruthy who was included in the Annexure-A1 gradation list of Casual Labourers

He was also an applicant in O.A. No. 34 of 2007, which was disposed of on July 24, 2007, allowing for the grant of temporary status in accordance with the Scheme formulated on September 10, 1993, with the notional date of temporary status being from the date immediate seniors received it

This order (Annexure-A2) was confirmed by both the Hon'ble High Court and the Hon'ble Supreme Court

Consequently, the applicant was granted temporary status with effect from January 12, 2007, and was regularised on September 15, 2008

The applicant's grievance is that seniors in Annexure-A1 were granted temporary status from March 19, 2002, a benefit denied to him

He contends that if his temporary status is reckoned from March 19, 2002, 50% of the period until his regularisation date would be added to his credit for reckoning regular service, making him eligible for pension under the CCS (Pension) Rules

The respondents denied the prayer for ante-dating the temporary status, arguing that since the applicant was regularised after January 1, 2004, he falls under the New Pension Scheme

Whether the applicant is entitled to the conferment of temporary status with effect from March 19, 2002, in terms of Annexure A2 order, similar to his seniors in the Annexure A-1 gradation list, thereby entitling him to re-fixation of pay and pensionary benefits under the Central Civil Services (Pension) Rules 1972

Whether the respondents are obligated to re-fix the applicant's pay from the date of regularisation, reckoning increments accrued from March 19, 2002, and pay associated arrears and benefits

The court primarily applied the principle of parity, relying on its common order in O.A. Nos. 704/2016, 799/2016, 821/2016, and 965/2016 dated August 24, 2023 (Annexure-A12)

This order directed respondents to consider the case of individual applicants, ante-date conferment to March 19, 2002, and ascertain eligibility for pension under CCS (Pension) Rules, 1972

The court also referred to the Government of India O.M. No. 49014/2/2014 – Estt(C) dated February 26, 2016, regarding temporary status employees being covered under the Old Pension Scheme

Annexure-A10 OM dated July 28, 2016

The Tribunal found that the applicant was similarly placed to the applicants in O.A. Nos. 704/2016, 799/2016, 821/2016, and 965/2016

The applicants in those O.As were also included in the Annexure A-1 gradation list and were parties to Annexure A2 order, which had not been challenged by the respondents, who had already begun implementing its directions

Given this factual similarity and the previous judicial precedent (Annexure-A12), the Tribunal determined that the applicant was entitled to the same benefit of ante-dating his temporary status

The respondents' argument that the applicant, being regularised after January 1, 2004, was under the New Pension Scheme was addressed, with the court noting the subsequent Annexure-A10 OM of July 28, 2016, which the applicant's counsel brought to its attention

Specifically, the respondents are to ante-date the conferment of temporary status to March 19, 2002, ascertain if the applicant is entitled to pension under the CCS (Pension) Rules, 1972, and quantify benefits where applicable

If the applicant does not have the requisite qualifying service of 10 years even after ante-dating, his pay is to be fixed appropriately

These orders are to be passed within 90 days from the date of receipt of the order