IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2672 of 2009 1. THE UNION OF INDIA through General Manager, E.C. Railway, Hazipur 2. The Divisional Railway Manager, E.C.Railway, Mugalsarai, District Chandauli(U.P.) 3. The Senior Divisional Personnel Officer, E.C. Railway, Mugalsarai, District Chandauli(U.P.) 4. The Chief Medical Superintendent, E.C.Railway, Mugalsarai,District Chandauli(U.P.) 5. The Chief Health Inspector, E.C.Railway,Gaya, Bihar … … Petitioners Versus RAM BARAI son of Shri Swarath, resident of village Muthani, Post Office and Police Station Mohania, District Kaimur, Bihar, presently working as Safaiwala, under Chief Health Inspector, E.C.Railway,Gaya … … Respondent For the petitioners: Mr. A. Amanullah ----------- 2. 17.3.2009 The petition is questioning the order of the Central Administrative Tribunal. The only question for consideration in this case is whether an employee of the railway who acquired temporary status will get payment of pension counting the period of temporary status as full period of service. It is the case of the Railway that only fifty per cent of that service can be counted for the purpose of pension. Learned counsel for the petitioners relied on the decision of the Supreme Court in the case of 2 Union of India and Others. Vs. K.G.Radhakirhsnan Panickar and Ors.: A.I.R. 1998 S.C. 2073. It is submitted that even 50 per cent of the service of casual labour is to be counted for the purpose of pension. Learned counsel has taken a point that if a casual employee in the railway is subsequently given the temporary status and then regularised, only fifty per cent of the casual service will be counted from the services rendered. Casual lalbour is different from the employee under equal temporary status or the permanent status. Andhra Pradesh High Court in the case of G.M.,South Central Railway Vs. Shaik Abdul Khader: 2004(2) ATJ 23 has held that once a casual labour is granted temporary status and later regularly absorbed in service, he is entitled to count full service for the period of temporary status till regularization for the purpose of pension and half the service before acquiring the temporary status. The said decision of Andhra Pradesh High Court became final. The Tribunal acted taking the above decision of the Andhra Pradesh High Court. We do not see any reason to interfere 3 with the order of the Tribunal. The petition stands dismissed. Kanth ( J.B. Koshy, C.J.) ( Dharnidhar Jha, J.)