Shakil Ahmad vs M/o Railways on 15 October 2026

O R D E R

By Mallika Arya, AM:-

By way of this Original Application, applicant is seeking direction to respondent authority to calculate the service of applicant from the date of initial appointment on 29.08.1980 and also to give proper placement in gradation list, fixation of grade pay and other service benefits.

2. The case of the applicant is that the applicant joined service on 29.09.1980 (Annexure A/1) as a daily wager. He was shifted as Monthly Rated Casual Labour in 1989 vide letter dated 07.03.1989 (Annexure A/2). Thereafter, he was sent to APM training being MRCL w.e.f.16.11.1989 and was posted in the permanent cadre of Group D employee. He was not given promotion and his regular service has been shown from 16.11.1989 instead of 20.09.1980. His length of service has not been calculated properly by the respondents. The applicant worked as daily wager for a period of 8 years. However, the said period was not counted by the respondents. Applicant submitted his representation to concerned authorities to correct his service record and count his service from 06.09.1980. Further it has been submitted by the applicant that he has not been extended the benefit of grade

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KARUNA GUPTA

pay as he is still working in the initial grade of Rs.950-1500/-. His juniors who joined service later on the initial grade have been benefited by G.P. Rs.2000/- and later on by G.P. Rs.2400/-. Hence this Original Application.

3. Respondents on the other hand in their reply have submitted that the applicant worked as a casual labour in 1980,1981, 1982,1983 & 1984 in broken periods but did not complete 120 days of continuous work. Hence these working days were not counted in Railway Service in terms of Rule 2005 of the Indian Railway Establishment Manual, Vol-II (Revised Edition 1990)(R-1). He was given the temporary status as Monthly Rated Casual Labour (MRCL) in pay scale 750-940(KPS) w.e.f 17.11.1989. He was declared fit in Aye two medical category by Divisional Medical Officer, Central Railway Hospital, Itarsi vide certificate dated 25.07.1989 for appointment to the post of Assistant Points Men in Railway Service. He was regularized in Group 'D' Railway Service and appointed to the post of Assistant Points Man, Pay Scale 750- 940 (RPS) by the DRM (P) Bhopal vide letter dated 31.05.1990. Hence the relief sought by the applicant are not tenable and this O.A. may be dismissed as being devoid of merits.

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4. No rejoinder has been filed by the applicant for the reply filed by the respondents.

5. Written arguments from both parties have not been filed in spite of granting 15 days’ time. We have perused the pleadings and documents annexed with the Original Application.

6. Having considered the rival submissions of the parties, the point for determination is whether the applicant is entitled to get his service counted from the date of his initial engagement as a Daily wager i.e. 20.09.1980, notwithstanding the respondents' contention that he had worked only in broken periods during the years 1980 to 1984 and did not complete 120 days of continuous service.

7. The respondents have relied upon Rule 2005 of the Indian Railway Establishment Manual, Volume II (Revised Edition, 1990), and contended that the applicant's earlier service cannot be counted. The said provision recognises the rights and privileges of casual labourers who acquire temporary status upon completion of the prescribed period of continuous employment. It also provides that service rendered before absorption into the temporary, permanent or regular cadre shall not be counted for the purpose of determining

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seniority, subject to the exception stated therein. Further, the provisions permit counting of half the service rendered after attainment of temporary status and before regular absorption as qualifying service for pensionary benefits, subject to the applicable conditions.

8. Para 2005 of IREM reads as under: “2005. Entitlements and Privileges admissible to Casual Labour who are treated as temporary (i.e. given temporary status) after the completion of 120 days or 360 days of continuous employment (as the case may be).— (a) Casual labour treated as temporary are entitled to the rights and benefits admissible to temporary railway servants as laid down in 'Chapter XX III of this Manual. The rights and privileges admissible to such labour also include the benefit of D&A Rules. However, their service prior to absorption in tempo- rary/permanent/regular cadre after the required selection/ screening will not count for the purpose of seniority and the date of their regular appointment after screening/selection shall determine their seniority vis-a-vis other regular/temporary employees. This is however, subject to the provision that if the seniority of certain individual employees has already been determined in any other manner, either in pursuance of judicial decisions or otherwise, the seniority so determined shall not be altered. Casual labour including Project casual labour shall be eligible to count only half the period of service rendered by them after attaining temporary status on completion of prescribed days of continuous employment and before regular absorption, as qualifying service for the purpose of pensionary benefits. This benefit will be admissible only after their absorption in regular employment. Such casual labour, who have attained temporary status, will also be entitled to carry forward the leave at their credit to new post on absorption in regular service. Daily rated casual labour will not be entitled to these benefits.

(b) Such casual labour who acquire temporary status, will not, however, be brought on to the permanent or regular establishment or treated as in regular employment on Railways until and unless they are selected through regular Selection Board for Group D Posts in the manner laid down from time to time. Subject to such orders as the Railway Board may issue from time to time, and subject to such exceptions and conditions like appointment on compassionate ground, quotas for handicapped and ex-serviceman etc. as may be specified in these orders they will have a prior claim over others to recruitment on a regular basis and they will be considered for regular employment without having to go through employment exchanges. Such of them who join as Casual labour before attaining the age of 28 years should be allowed relaxation of the maximum age limit prescribed for group ‘D’ posts to the

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extent of their total service which may be either continuous or in broken periods.

(c) No temporary posts shall be created to accommodate such casual labour, who acquire temporary status, for the conferment of attendant benefits like regular scale of pay, increment etc. After absorption in regular employment, half of the service rendered after attaining temporary status by such persons before regular absorption against a regular/ temporary/ permanent post, will qualify for pensionary benefits, subject to the conditions prescribed m Railway Board's letter No. E(NG)II/78/CL/12 dated 14-10-80. (Letter No. E(NG) II/85/CL/6 dated 28-11-86 in the case of Project casual labour).”

9. The Hon'ble Supreme Court, in Union of India v. Rakesh Kumar, (2017) 13 SCC 388, examined the relevant provisions governing the counting the service of casual labourers in the Railways and has recognised the distinction between service rendered before attaining temporary status and service rendered thereafter. Hon’ble Apex Court has held that “the casual worker before obtaining the temporary status is entitled to reckon 50% of casual service for purposes of pension”. It does not, by itself, confer a right to count the entire period of initial casual engagement for seniority or promotion.

10. In the present case, the respondents have specifically stated that the applicant worked in broken periods during the years 1980 to 1984 and did not complete 120 days of continuous employment. The applicant's entitlement, therefore, can be determined with reference to the attendance records/casual labour cards/wage registers and orders granting temporary status. Mere initial engagement in 1980

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cannot, by itself, establish that the applicant fulfilled the conditions prescribed for acquisition of temporary status or the fact that the entire period is liable to be counted for seniority and pay fixation.

11. The records further indicate that the applicant was granted temporary status as a Monthly Rated Casual Labourer with effect from 17.11.1989 and was subsequently regularised as an Assistant Pointsman in Group 'D' service vide order dated 31.05.1990. In the absence of any material demonstrating that the applicant had acquired temporary status at an earlier date or that a specific rule or judicial direction permits the earlier broken periods to be counted for the particular benefit claimed, his claim for reckoning the entire period from 20.09.1980 for seniority and consequential grade- pay, cannot be accepted merely on the basis of his initial engagement.

12. Accordingly, this Original Application is dismissed being devoid of merits. No order as to costs.

(Mallika Arya) (Rajinder Singh Dogra) Administrative Member Judicial Member

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KARUNA GUPTA