ORDER
Meera Chhibber, Member (J)
1. Since in both these OAs common question is raised and they were clubbed together, they are being disposed off by common order. For the purposes of narrating facts, OA No. 1533/2007 is being taken as lead case.
2. It is stated by the applicant that he was initially engaged as a causal labour and has been working since then completing more than 240 days in each year. He was regularised in 1993 when he was already 52 years of age. He superannuated on 30.9.2001. He thus completed 8 years of regular service. If 50% of his working from 1960 to 1993 is counted, it comes to 16.1/2 years thus his total qualifying service comes to 16.1/2 + 8 = 24 years. However, no retrial benefits have been given to him viz. pension, DCRG etc.
3. Two similarly situated persons viz. Shri Risal and Niader Chand filed OA No. 795 and 796 of 2006 in this Tribunal. Both the OAs were allowed on 7.8.2006 (page 21 at 26) whereby respondents were directed to take 50% of service rendered by him from the year 1980 till 15.10.2001 and since the year 1980 till 15.9.1993 respectively @ 50% in terms of aforesaid OM towards qualifying service for pension. Thereafter respondents shall consider and grant proportionate pension on that basis. Applicants would be entitled to all consequential benefits, although the interest, as prayed for is not granted on the arrears. Both the applicants have been granted pensionary benefits, therefore, applicants are also entitled to same relief.
4. Respondents have opposed this OA. They have submitted applicant is not entitled to pensionary benefits being his qualifying service less than 10 years. Individual was entitled for terminal benefits which has already been paid to the individual at the time of retirement.
5. They have explained as per records available, the applicant was working as daily rated unskilled farm labour since 1980. The applicant was appointed as F/Beldar w.e.f. 16th September, 1993, at the age of 52 years (date of birth was 16th September, 1941). He retired on 30.09.2001. His case for pensionary benefit was submitted but the office of PCDA (Pension) Allahabad intimated that the individual is not entitled for pensionary awards being his service less than 10 years, but the applicant be granted terminal gratuity vide their letter No. mentioned as per Annexure A-1 above. Terminal gratuity for Rs. 33,640 passed and paid to applicant. They have thus submitted since individual was earlier working as a unskilled farm labour as on required basis and these posts are not sanctioned post but seasonal ones, therefore, he has not been regualrised or absorbed in same post. He has already been paid leave encashment and GPF balance. No representation was received.
6. As far as OA No. 795/796 of 2006 are concerned, they have stated that Writ Petition Nos.1165/2007 and 1166/2007 has already been filed in Hon’ble High court of Delhi which would be heard on 1.10.2008.
7. I have heard both the counsel and perused the pleadings.
8. It is not disputed by respondents that applicants are similarly situated as Risal and Niadar since applicants whole case is based on OA No. 795/796 of 2006 in the case of Risal and Niadars and judgment dated 7.8.2006 passed in said OAs is already sub-judiced before Hon’ble High Court of Delhi, both these OAs are disposed off by directing the respondents to pass appropriate orders in case of applicants after the Writ Petitions, as mentioned above, are disposed off finally. Respondents shall pass orders within 2 months from the date of receipt of a copy of the judgment of the Hon’ble High Court of Delhi under intimation to the applicants.
Let a copy of this order be placed in OA No. 1532/2007.