SUNIL KUMAR PANDEY vs DEPTT OF POSTS on 16 October 2026

1. Union o Departm

2. The Chi 800001.

3. The Post

4. The Sup

5. The Sub

For Appl For Resp

1. The in followin

2. The bri and del

CENTRAL ADMINISTRA PATNA BENCH, O.A. No. 050/00

Pro

C O R A M

ON’BLE MR. KUMAR RAJESH C

mar Pandey Son of Late Gopalji Pa Chapra Resident of Mohalla-Daula O District- Saran Chapra 841301.

Versu

of India through DG Cum Secret ment of Post, New Delhi-110001. ief Post Master General, Bihar . tmaster General Northern Region erintendent of RMS U Division Mu Record Officer, SRO RMS U Divis

licant:-

Mr. S.K. pondents:-

Mr. Neer O R D Per: Mr. Kumar Rajesh C nstant OA has been filed by ng relief:-

i. The respondents may be dir 14.06.2024 and its benefits and consequential benefits im

ii. The applicant further prays its benefits with 10% interest

iii. Any relief/reliefs may be gr the justice.

ief facts of the case, as per th lineated as follows:

ATIVE TRIBUNAL , PATNA

Reserved on:- 24.09.2026 onounced on:- 16.10.2026 M CHANDRA, MEMBER [A] andeyRetd. Casual Labour SRO U atganj, Bachuli Babu Ki Gali PO-

………Applicant us ary, Ministry of Communication, Circle, G.P.O. Complex, Patna- Muzaffarpur 812002. uzaffarpur 842001. sion Chapra 841301.

……..Respondents Tiwary, ld. Advocate raj Nandan, ld. ASC E R Chandra, Member (A): y the applicant seeking the rected to finalize his pension w.e.f. under CCS (Pension) Rules 1972 mmediately. s that arrears of the pension and t may be granted. anted to the applicant for ends of he instant O.A., are discussed

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Patna Bench 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8

1 The applicant was initially app U Division Chapra in year 1989 2 On 05.07.1991, after satisfacto respondent No 4 enhance his w to four hours daily, he continu Division Chapra. (Annexure 3 On 05.01.1994, the responden hours from five hours to s continued as a Casual Labo (Annexure A-3). 4 As per provision of Grant of T OM dated 17.05.1989 the par completed two years as Casua T.S. Casual Labour at par (Annexure-A-4) 5 As per OM dated 12.04.199 continuous service after confe casual Laborers would be tr Group D employees.(Annexur 6 The applicant has retired fr photocopy of Superannuatio marked as Annexure-A-6. 7 It is submitted by the superannuation he had not be benefits then he approached t also made representation d respondent authority for g pensionary benefits, but the s before the respondents. (Anne 8 Learned counsel for the appli the present case is squarely c this Tribunal in OA No 143/2 777/2016 dated 20.09.2018 High Court. Thereafter, the order passed by Hon'ble High 03.07.2019 (Annexure A-8 &

pointed as Casual Labour, SRO

9. (Annexure A/1). ory service of the applicant, the working hours from three hours ued as a Casual Labour, SRO U A-2). nt No. 4 enhanced his working six and half hours daily, he our, SRO U Division Chapra. Temporary Status Scheme 1993 rt time casual labour who had al Labour, would be treated as r of Group- "D" employee. 1, after rendering three years erment of temporary status, the reated at par with temporary re-A-5) rom service on 14.06.2024. A on certificate is annexed and applicant that when after een granted pension and other the respondents personally and dated 12.08.2024 before the grant the pension/grant of said representation is pending exure-A-7) icant has taken the ground that covered by the order passed by 2018 dated 28 Oct 2021,OA No upheld by the Hon'ble Patna department implemented the h Court in CWJC No-13117 D/D & A-9).

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d s . s e y A d r r d e f g t y o a e D Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench

3. Per con written 3.1 3.2 3.3 3.4

ntra, the Respondents have n statements in which it was st 1 The applicant was initially eng time daily wages staff to work daily in S.R.O./S.M.O. Chap Chapra vide memo no. SRO/ (Annexure-R/1) in the light RMS 'U' Division letter n (Annexure-R/2). 2 The respondent (SRM RMS enhanced the working hours o hours to five (05) hours v Muzaffarpur letter dated 29.0 further enhanced the working Six and Half (06:30) hours Muzaffarpur letter dated 05.01 3 As per provision of Grant of T Temporary status would be co who are in employment on o have rendered a continuous se means that they must have b least 240 days (206 days in t days week) and who have bee (eight) working hours (Annex Temporary status was not give fulfill the requisite criteria for Status. 4 The applicant was a Part tim service was required to be d which he has attained 60 y ordered to be terminated fr 11.06.2024 (Annexure-R/6) were dispensed with w.e.f. 14.0

contested the case by filing tated that: gaged w.e.f. 22.05.1989 as a part as FARAS for three (03) hours ra by SRO RMS 'U' Division /Corr/89-90 dated 22.05.1989 of the order contained in SRM no. C-3/4 dated 18.05.1989 S 'U' Dn. Muzaffarpur) first of the applicant from four (04) vide SRM RMS 'U' Division 05.1992 (Annexure-R/4) and g hours from five (05) hours to vide SRM RMS 'U' Division 1.1994 (Annexure-R/5). Temporary Status Scheme 1993, onferred on all casual labourers or before 01.09.1993 and who ervice of at least one year, which een engaged for a period of at the case of offices observing 5 n engaged for full period of 08 xure -R/8 & Annexure-R/9). en to the applicant as he did not r the conferment of Temporary e Casual Labour and hence his dispensed with on the date on years of age and thus he was rom service vide letter dated ) and accordingly his services 06.2024 (Annexure-R/7).

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Patna Bench 3.5

4. Ld. cou stated t 4.1 4.2

5. After h perusal conside conclus 5.1 5.2

5 Further, no such representati the SRM RMS 'U' Division applicant. unsel for applicant has filed t that: 1 The applicant was appointed Department before 01.09.199 Grant of Temporary Statu 17.05.1989 the part time casu two years as Casual Labour, w Labour at par of Group- completion of two years regula Time casual labour as per rules 2 The applicant is entitled for per latest issue decided by Hon in SLP (C) No. 5580 of 2024. hearing the learned counsel l of the material available b ered the matter in its entire sions: 1 The basic question which ar present O.A. is whether the engaged as a casual labourer o render service in the De superannuation on 14.06.2024 Temporary Status and cons merely on the ground that he hours per day. 2 From the material available on the applicant was initially en labourer/Farash on 22.05.19 continued for several decades It is also not disputed that his from time to time, initially from on was received to the office of Muzaffarpur on behalf of the the rejoinder in which it was d as a casual labour in Postal

93. That as per provision of us Scheme 1993 OM dated ual labour who had completed would be treated as TS. Casual "D" w.e.f. 22.05.1991 after ar service of applicant as a Part s/law. regularization of his service as n'ble Apex Court on 20.12.2024 ls for both the parties and before this Tribunal, I have ety and arrived at following rises for consideration in the e applicant, who was initially on 22.05.1989 and continued to epartment of Posts till his 4, can be denied the benefit of equential pensionary benefits was working for less than eight n record, it is not in dispute that ngaged as a daily-rated casual 989 and that his engagement without any substantial break. s working hours were enhanced m three hours and thereafter to f e s l f d d l r t s d e g e y o s f s t t l t . d o Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench 5.3 5.4 5.5

four/five hours and ultimately Thus, the engagement of the a sporadic period but continue attained the age of super themselves admit that the app Department till 14.06.2024 dispensed with on attaining th 3 .The applicant has placed reli Posts', Lr. No. 65-24/88-SPB the Part-time and Full-time C under:

1. Part-time and Full hereby clarified that post offices or Administrative Offi different designat labourer, contingen daily rated mazdoor as casual labourers. are engaged for a pe a day should be de labourers. Those c engaged for a period should be describ labourers. All othe discontinued.

1…………..(iii.) Casua part-time. For purpo service, half of the time casual labour account. That is, if has served for 480 da will be treated, for have completed one casual labourer).

4 As per the above provision, th had completed two years as c as TS Casual Labour at par of G 5 The applicant has also placed of Posts', Lr. No. 45-95/8 whereas Casual Labourers (th and Regularization) Scheme a y to six and a half hours per day. applicant was not for a short or ed for about 35 years until he rannuation. The respondents plicant continued to work in the and that his services were he age of 60 years. iance upon the Department of B.I dated 17.05.1989, whereas Casual Labourers are defined as l-time Casual Labourers- It is t all daily wagers working in in RMS offices or in fices or PSDs/MMS under tions (mazdoor, casual nt paid staff, daily wager, r, outsider) are to be treated Those casual labourers who eriod of not less than 8 hours escribed as full time casual casual labourers who are d of less than 8 hours a day bed as part-time casual er designations should be al labourers (full time or ose of computation of eligible service rendered as a part- rer should be taken into a part-time casual labourer ays in a period of 2 years, he purposes of recruitment, to year of service as full time he part time casual labour who casual labour, would be treated Group- D employee. d reliance upon the Department 87-SPB.I, dated 12.04.1991, he Grant of Temporary Status are defined as under:

. r e s e e f s s s n n r l , d o s l e y l e r e - o r e o e o d t , s Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench 5.6 5.7 5.8

“1. ‘Temporary Stat the casual laboure 29.11.1989 and who employed and ha service of at least they must have bee 240 days (206 da observing five days

6 The Department of Posts' Sch for conferment of Temporary S employment as on 29.11.1989 and had rendered the prescr Scheme further contemplated such employees after comple under Temporary Status. 7 The respondents have main ground that the applicant was was not working for the presc therefore, he could not hav Status. However, this objectio on the basis of the nomenclat record shows that the applican the Department for a very lo were progressively enhanced, discharge duties up to the Hon'ble Supreme Court ha employees who have been c periods cannot be denied c merely because they have bee time employees, where the s engagement demonstrate cont 8 In this context, the judgment in Bhikhani Devi and Ors. 2026 INSC 612, assumes relevant paragraphs of this jud

“………….52. A Scheme clearly e conceived as a be tus’ would be conferred on ers in employment as on o continue to be currently ave rendered continuous one year, during the year en engaged for a period of ays in the case of offices s week).” heme dated 12.04.1991 provided Status upon casual labourers in who continued in employment ribed continuous service. The extension of service benefits to etion of three years of service nly resisted the claim on the a part-time casual labourer and cribed eight hours per day and, ve been conferred Temporary on cannot be examined merely ture given to the applicant. The nt was continuously retained by ong period, his working hours and he ultimately continued to age of superannuation. The as recently emphasised that continuously engaged for long corresponding service benefits en described as casual or part- substance and nature of their inuing and essential service. t of the Hon'ble Supreme Court . vs. Union of India & Ors., considerable significance. The dgment is as under: A cumulative reading of the establishes that it was eneficial and progressive n n y s r f s d n t e o e e d , y y e y s o e t g s - r t , e e s e Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench framework intende temporary status service conditions with Group 'D' em construed in any restrict and defeat of casual labourers

…………….57. regularisation" occ be construed in manner so as to d underlying the construed in its pro not create the pens rather, it provides directing that half under temporary towards grant of regularisation. Th of temporary stat completed the pre flows independentl circular dated 30.1 interpreted harm construe to mean t orders of regularis the service rendere would be liable retirement and additional benefit a available under t applicable to a employee. Consequ operate to confer a cases where regula absence of formal construed as extin underlying entit benefits.

58. At this necessary to app between different engaged within the Department of categories of emp statutory and adm involved in the ma casual labourers; casual laboure ed to gradually extend to s casual labourers the s and benefits associated mployees and it cannot be other manner so as to t its object of assimilation s to regular employees. The expression "after curring in Clause 6 cannot a narrow or restrictive defeat the beneficial object Scheme and must be oper context. Clause 6 does sionary entitlement itself, s an additional benefit by f of the service rendered status to be counted retirement benefits upon he pensionary entitlement tus employees who have escribed period of service ly from the Scheme and the 11.1992. Clause 6 has to be moniously and would that in cases where formal sation are passed, 50% of ed under temporary status to be counted towards pensionary benefits as apart from the benefits as the rules which become a regular government uently, while Clause 6 may an additional advantage in arisation takes place, the regularisation cannot be nguishing or defeating the tlement to pensionary stage, it also becomes preciate the distinction categories of employees e service framework in the Posts. Broadly, four ployees emerge from the ministrative work structure atter at hand, namely: (i) ;

(ii) temporary status rs;

(iii) temporary o e d e o n r t e t e s , y d d n t e e e e d l f s s s s e t y n e e e y s n s e r e e ) s y Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench

Government empl Government emplo

……………62. I aforesaid four ca conflated as stag through to becom may be pointed he can directly becom the Scheme provid temporary Govern definitely has t permanent emp appointment as employee and upon his status is chang employee.

63. For casua provides for a employment. Initia service as a casu upon satisfying t under Clause 1 of conferred tempora under such status prescribed conditi applicable Recruitm becomes eligible fo Group 'D' posts an and appointed a availability of vaca

64. The Sche provides for grant regularisation f recognises four c operating within however, the pr therein essentially engagement as conferment and co status, and eventu Group 'D' posts.

…………..75. Fr what follows is t framework inclu Service) Rules, 196 with the Scheme loyees; and (iv) regular oyees. It is to be noted that these ategories are not to be ges required to be gone me a regular employee. It ere that a casual labourer me a regular employee, if des for such transition. A nment employee, however, two stages leading to ployment i.e. initial temporary Government n confirmation in service, ged to regular government al labourers, the Scheme progression to regular ally the employee enters ual labourer. Thereafter, the conditions prescribed of the Scheme, he/she is ary status and continues . Upon completion of the ions and subject to the ment Rules, the employee for regularisation against nd ultimately regularized as regular employee on ancies. eme, in question, which t of temporary status and for casual labourers categories of employees the service structure, rogression contemplated unfolds in three stages i.e. a casual labourer, ontinuance of temporary ual regularisation against From the above discussion that when the statutory uding CCS (Temporary 65 is read in conjunction and the circular dated r e e e t r f A , o l t , t e r s , d s s e e e t d n h d s s , d

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Patna Bench 5.9

30.11.1992, the ines emerges is that a conferred the te completion of thr service as tempora becomes entitled t temporary Group necessarily includ available under R (Temporary Servic course, to fulfillin provided therein. T on regularisation conferring of addi service under the available to an em apart from the ben rules becoming a acquired new statu

76. The quest above stands answ

'A temporary statu be entitled to p superannuation e regularisation.'

…………..79. nomenclature rem service benefits the those admissible employees as per th dated 30.11.199 superannuated continuing as a labourer. So from superannuation i.e being more than th became entitled for B) of the CCS (Te 1965 read with the Thereby making h superannuation retirement benefits above rules.

9 In the said judgment, the Ho the very Casual Labourers (G

scapable conclusion which casual labour, on being emporary status, upon ree years of continuous ary status casual labourer to benefits admissible to p D' employees, which des pensionary benefits Rule 10(1-B) of the CCS ce) Rules, 1965 subject, of ng the eligibility criteria This right is not dependent . What is conceived is itional benefit of previous e Scheme as would be mployee on regularisation nefits conferred under the applicable on this now us of a regular employee. tion as framed in para 32 ered as follows: us casual labourer would pensionary benefits on even in the absence of Thus, while his mained unchanged, his ereafter stood aligned with to temporary Group 'D' he Scheme and the circular

92. He ultimately on 31.12.2008 while temporary status casual 30.11.1992 till the date of

e. 31.12.2008, the period he minimum of 10 years, he r benefits under Rule 10(1- emporary Service) Rules, CCS (Pension) Rules, 1972. him entitled to grant of pension and other s as admissible under the n'ble Supreme Court examined Grant of Temporary Status and h g n s r o h s S f a t s s e n e w d n f s s h ' r y e l f d e - , . f r e d d Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench 5.1 5.1 5.1

Regularisation) Scheme of th 12.04.1991 and explained the labourers, (ii) temporary-st temporary Government em Government employees. The that, upon conferment of Tem of three years of continuous employee becomes entitled t temporary Group 'D' employee 10 The Hon'ble Supreme Court absence of a formal order of r defeat the pensionary entitl already acquired Temporary S conditions. The Court held th dependent upon formal regula and that the beneficial provis interpreted in a manner which its object. The Court has spec holding that a Temporary Stat pensionary benefits on superan formal regularisation, subject eligibility conditions. 11 The judgment in Bhikhani D four categories of employees re confused with each other. A p a casual labourer; upon sat Scheme, Temporary Status i completion of the prescribed entitled to benefits at par employees, with eventual reg the applicable recruitment rule has further observed that t provide a progressive framew serving casual labourers into th 12 In the present case, howeve aspect which requires consider he Department of Posts dated distinction between (i) casual tatus casual labourers, (iii) mployees and

(iv) regular Hon'ble Supreme Court held mporary Status and completion service under such status, the to the benefits admissible to es. t has further clarified that the regularisation cannot, by itself, ement of a person who has Status and fulfilled the requisite hat pensionary benefits are not arisation in such circumstances sions of the Scheme have to be h advances rather than defeats cifically answered the issue by tus casual labourer is entitled to nnuation even in the absence of to fulfillment of the prescribed Devi also makes it clear that the eferred to therein should not be person initially enters service as tisfying the conditions of the is conferred; thereafter, upon period, the employee becomes r with temporary Group 'D' gularisation being governed by es. The Hon'ble Supreme Court the Scheme was intended to work for assimilation of long- he regular service structure. er, there is an important factual ration. Unlike the employees in d l ) r d n e o e , s e t s e s y o f d e e s e n s ' y t o - l n Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench 5.1 5.1

Bhikhani Devi the applicant was never formally conferred cannot simply reject his pen Temporary Status order exists whether, in the light of the de 17.05.1989 and 12.04.1991, the to Temporary Status and whe withheld from him despite hi that the applicant continued t that his working hours were e relevant circumstance which determining his entitlement. 13 It is also relevant that the orders passed by this Tribunal No. 143/2018 and the subseq Patna High Court. Those dec applicant, indicate that the D cases, extended the benefit consequential pensionary bene labourers. The respondents examine the applicant's case decisions as well as th pronouncement of the Hon'bl Devi. 14 In view of the above discu considered view that the reconsideration by the compet Department of Posts' instru Casual Labourers (Grant Regularisation) Scheme dated down by the Hon'ble Supreme In particular, the respondent applicant was eligible for con and whether such status oug from the date on which he fulf The respondents shall also e claims that Temporary Status d upon him. The respondents nsion claim by stating that no

s. They are required to examine epartmental instructions dated e applicant had become entitled ether such benefit was wrongly is continuous service. The fact o work for several decades and nhanced from time to time is a h cannot be ignored while applicant has relied upon the l in O.A. No. 777/2016 and O.A. quent decision of the Hon'ble cisions, as relied upon by the Department has, in appropriate t of Temporary Status and efits to similarly situated casual are, therefore, required to e in the light of the aforesaid he subsequent authoritative le Supreme Court in Bhikhani ussion, this Tribunal is of the applicant's claim deserves tent authority in the light of the uctions dated 17.05.1989, the of Temporary Status and d 12.04.1991, and the law laid e Court in Bhikhani Devi case. ts shall determine whether the nferment of Temporary Status ght to be recognised notionally filled the applicable conditions. examine the effect of his long, s s o e d d y t d a e e . e e e d l o d e i e s e e d d . e s y . , Digitally signed by POOJA KUMARI POOJA KUMARI

Patna Bench 5.1 5.1 5.1

pk/- continuous and uninterrupt working hours and continued superannuation. 15 Accordingly, the respondent and decide the a conferment/recognition o consequential pensionary aforesaid departmental instru the applicant, the judgments and, in particular, the law laid Court in Bhikhani Devi case. applicant is found entitled t consequential benefits, the re all consequential pensionar under the applicable rules, inc service as permissible in law. 16 Since the applicant superann asserted that he has not be support, the competent author exercise within a period of 60 a copy of this order. If the pension, the respondents shall the admissible pensionary ben in accordance with law. 17 In view of the foregoing disc with the aforesaid directions. costs.

(

ted service, enhancement of d engagement up to the age of ts are directed to re-examine applicant's claim for of Temporary Status and y benefits, keeping in view the uctions, the service records of relied upon by the applicant d down by the Hon'ble Supreme If, upon such examination, the to Temporary Status and the espondents shall extend to him ry/retiral benefits admissible cluding the benefit of qualifying nuated on 14.06.2024 and has een receiving any pensionary rity shall complete the aforesaid days from the date of receipt of applicant is found entitled to l thereafter process and release nefits and arrears expeditiously cussion, the O.A. is disposed of There shall be no order as to (Kumar Rajesh Chandra)

Member (A)

f f e r d e f t e e e m e g s y d f o e y f o ) Digitally signed by POOJA KUMARI POOJA KUMARI