CASUAL LABOUR-CAT-2018 UNDER NEW PENSION SCHEME – JUDGEMENT

CASUAL LABOUR-CAT-2018 UNDER NEW PENSION SCHEME – JUDGEMENT

Casual Labour-CAT-2018 under New Pension scheme – Judgement

CENTRAL ADMINISTRATIVE TRIBUNAL

BANGALORE BENCH: BANGALORE

ORIGINAL APPLICATION NO.170/01707/2018

DATED THIS THE 31st DAY OF JANUARY, 2020

HON’BLE DR.K.B.SURESH, JUDICIAL MEMBER

HON’BLE SHRI C.V.SANKAR, ADMINISTRATIVE MEMBER

M.Lingaraju

S/o H.Manchaiah

Aged about: 59 years

Working as MTS

Basavanagudi HO

Bangalore-560004.

Residing at: No.117, II Main

III Cross, Kastribadavane

Kamalanagar

Bangalore-560079.

….Applicant

(By Advocate Sri P.Kamalesan)

Vs.

1. Union of India

Reptd by Director General of Posts

Department of Post Dak Bhavan

New Delhi-110001.

2.Post Master General

Bangalore Region

Bangalore-560001.

3.Chief Post Master General

Karnataka Circle

Bangalore-560001.

4.Senior Superintendent of Post Offices

Bangalore South Division

Bangalore-560001.

5.Senior Post Master

Basavanagudi HO

Bangalore-560004.

….Respondents

(By Advocate Sri M.Vasudeva Rao, Sr.PC for CG )

ORDER

(PER HON’BLE SHRI C.V.SANKAR, MEMBER (ADMN)

The case of the applicant is that he was engaged as a casual labour during the year 1984 and conferred temporary status from 1.12.1989. After completion of 3 years as Temporary status casual labour, he was treated on par with Group-D status from 1.12.1995 and he was posted as LR Group-D at Basavanagudi HO from 23.1.2009 and placed under new pension scheme. Aggrieved by placing him under new pension scheme, the applicant has filed OA.No.1436/2014 which was allowed by this Tribunal vide order dtd.16.6.2015 holding that the applicant was eligible to be placed under CCS Pension Rules 1972(Annexure-A1). The respondents challenged the said order before the Hon’ble High Court of Karnataka in WP.No.54224/2015 which was dismissed by the High Court vide order dtd.1.2.2016(Annexure-A3). Thereafter, the 3rd respondent issued orders dtd.1/4.7.2016 to comply with the orders of this Tribunal(Annexure-A4). The 4th respondent issued order dtd.22.7.2016 to modify the date of appointment of the applicant from 23.1.2009 to 1.12.1995(Annexure-A5). The applicant was granted 1st financial upgradation under MACP w.e.f. 1.9.2008 vide Memo dtd.16.8.2016 of the 4th respondent(Annexure-A6). Vide Memo dtd.16.8.2016, the applicant was granted 2nd MACP w.e.f. 17.12.2015. Thereafter, the 4th respondent issued orders dtd.12.2.2018(Annexure-A8) for modifying the date of appointment of the applicant from 1.12.1995 to 10.1.2012 and order dtd.3.7.2018(Annexure-A9) for withdrawing the 1st and 2nd MACPs. Then the applicant submitted a petition to the Secretary, Dept. of Posts, New Delhi on 4.7.2018 against the orders of the 4th respondent(Annexure-A10). Thereafter, the 5th respondent issued an order dtd.10.7.2018(Annexure-A11) to the applicant directing to credit the overpaid pay and allowances working out to Rs.2,06,491/- from 1.9.2008 to 30.6.2018 due to