HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 2377/2022 1. The Union of India through General Manager, Northern Western Railway, Hq. Near Jawahar Circle, Jaipur. 2. The Division Railway Manager (Establishment), Northern Western Railway, Near Jawahar Circle, Jaipur. ----Petitioners Versus Kailash Chand S/o Sukhram (since deceased) through his Legal Heirs. 1/1- Kamla W/o Late Shri Kailash Chand, aged about 53 years, R/o Ranoliya Ki Dhani Thala Ki Dhani, Dausa, Rajasthan-303313. 1/2- Laxmi Jonwal D/o Late Shri Kailash Chand, aged about 13 years, through her guardian (mother) Kamla since minor, R/o Ranoliya Ki Dhani Thalaki Dhani, Dausa, Rajasthan-303313. ----Respondents For Petitioner(s) : Mr. Ashish Kumar, CGPC with Mr. Digvijay Singh For Respondent(s) : Dr. Shivendra Singh Rathore HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ANAND SHARMA Order 14/05/2025 Learned counsel for the petitioners submits that the issue involved in this writ petition has been considered and decided by the Hon’ble Supreme Court in the matter of ‘Union of India & Ors. Vs. Rakesh Kumar & Ors.’ reported in AIR 2017 SC 1691, wherein it has been held as under:- “i) the casual worker after obtaining temporary status is entitled to reckon 50% of his services till he is regularised on a regular/temporary post for the purposes of calculation of pension. (2 of 2) [CW-2377/2022] ii) the casual worker before obtaining the temporary status is also entitled to reckon 50% of casual service for purposes of pension. iii) Those casual workers who are appointed to any post either substantively or in officiating or in temporary capacity are entitled to reckon the entire period from date of taking charge to such post as per Rule 20 of Rules, 1993. iv) It is open to Pension Sanctioning Authority to recommend for relaxation in deserving case to the Railway Board for dispensing with or relaxing requirement of any rule with regard to those casual workers who have been subsequently absorbed against the post and do not fulfill the requirement of existing rule for grant of pension, in deserving cases. On a request made in writing, the Pension Sanctioning Authority shall consider as to whether any particular case deserves to be considered for recommendation for relaxation under Rule 107 of Rules, 1993.” Learned counsel for the respondent has not disputed this fact. In that view of the matter, this writ petition filed on behalf of the petitioners disposed of in the light judgment of Union of India Vs. Rakesh Kumar (supra). The orders passed by the Central Administrative Tribunal Jaipur Bench, Jaipur dated 30.09.2021 as well as 03.12.2021 in OA No. 347/2020 and Review Petition No. 22/2021 stands modified accordingly. (ANAND SHARMA),J (INDERJEET SINGH),J DIVYA /74