Tuesday, September 10, 2013

Temporary Employees joined before Jan, 2004 and regularised in NPS will eligible for Pension & GPF: CAT



Ce­­n­tral Administrative Tri­bunal relief on pension for 16 In­di­ra Gandhi Centre for Ato­mic Research employees

Chennai: The Madras bench of the Ce­­n­tral Administrative Tri­bunal has directed the In­di­ra Gandhi Centre for Ato­mic Research (IGCAR), Kal­pakkam, to provide GPF and other benefits under Central civil service (pension) rules 1972 to 16 employees absorbed as temporary workers in 1999.

In a petition, K. Punni­yakoti of Kalpakkam and 15 others prayed for a direction to the Central government and IGCAR to extend to them the benefit of pension under the old government pension scheme.

The petitioners contended that they were granted temporary status in 1999. On September 9, 2008, they were appointed as casual labourers in the grade of ‘helper A’.

As per the order, 50 per cent of the service rendered under temporary status would be counted for retirement benefits.

After rendering three years of continuous service after conferment of temporary status, the casual labourers would be treated on a par with group D employees for the purpose of contribution to general provident fund.

They were appointed in temporary category and subsequently regularised between May 2005 and November 2005.

Meanwhile, the government introduced the new pension scheme in Ap­ril 2004 and the employees who joined service after January 1, 2004 were to be be covered under the new scheme.

In its reply, IGCAR argued that the employees who joined service after January 1, 2004 would be governed by the new pension scheme.

Employees who joined service prior to January 1, 2004 were governed by the general provident fund /contributory provident fund as per the Central civil service (pension) rules 1972.

The judicial member of the bench, B. Venkateswara Rao directed IGCAR to apply provisions of the Central civil service (pension) rules 1972 in respect of the employees and extend benefit under GPF rules. The bench also directed IGCAR to deduct monthly subscription regularly without interruption. The order is to be complied with within two months.