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Friday, February 26, 2010

Historic Judgement given by CAT Chennai and it was up held by Supreme Court

Dear Comrades,

CAT Chennai given a historic Jdgement in O.A.No.1264 of 2001 between Sri M.R.Palani Swamy ED BPM and The SSPOs, Tiruppur and others. While delivering the Judgement CAT says "We would like to observe that this need not be 50% of the service as in the case of a casual labourer with temporary status, but perhaps a lesser percentage may be reckoned as a qualifying service in respect of the service rendered as an ED Agent. This can be any where around 20 to 25%. But, to say that no weightage will be given to the service rendered as an ED Agent, even after regularisation on absorption or, promotion as a Gr. D employee will not be in harmony with other schemes obtaining in other departments of the Govt. Principles of equity and fair play require that certain portion of the service rendered as an EDA should be reckoned as a qualifying service for pension purposes and if that is done, persons like applicant would get over the shortfall and it will entitle them for at least minimum pension, especially when similar benefits are extended to persons working in Railways and other departments of the Govt. of India. In short, it would appear that after regularisation, the ED Agent does not get the same treatment as in the case of a casual labourer. This is an anomalous situation. We therefore hold that this is a fit case where the respondents as a model employer should apply their mind and formulate a welfare scheme as has been formulated by the DOPT and Railways which would help many persons like the applicant to get at least the minimum pension.

After giving the above judgement department filed a Special Leave Petition in  Supreme Court vide No.CC 13829/2008. But the same was dismised and up hold the Judgement given by CAT Chennai. Finally Directorate issued orders vide Memo No.99-3/08-Pen dated 09/10/2009 after taking the formal approval from DOPT.

Click here to get the order copy

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DOPT issued a wonderfull order regarding Govt. servants covered by New Pension Scheme

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