JHADU RAM Vs. C.G. STATE ELECTRICITY BOARD

JUDGEMENT

(1.) BY this petition, the Petitioner seeks a relief that the Petitioner be granted pension after his taking services as daily wager into account for calculating the minimum qualifying 10 years in service to entitle the Petitioner for grant of pension and gratuity also.

(2.) THE indisputable facts, in nutshell, are that the Petitioner was engaged in the service as daily wager from 24.9.1974. THE Petitioner was regularized w.e.f. 24.12.1986. THEreafter, vide order dated 27.10.1990 (Annexure P/l), the Petitioner was appointed as work charged driver temporarily on time scale of pay of Rs. 1090-1950, THE Petitioner retired from service w.e.f. 25.03.1995 on attaining the age of superannuation. THE Petitioner was communicated letter dated 29.11.1995 (Annexure P/3) that the Petitioner was not entitled to grant of pension as the Petitioner has not completed the minimum required 10 years for entitlement of pension.

(3.) PER contra, Shri Koshy, learned Counsel appearing for the Respondents would submit that the Respondent Board has adopted M.P./C.G. Civil Services (Pension) Rules, 1976 (hereinafter referred to as "the Rules, 1976"). As per the rule, the period spent by the Petitioner as daily wager cannot be counted for his entitlement to pensionery benefits. The Petitioner was regularized as Work Charged cleaner w.e.f. 24.12.1986 and the Petitioner retired on 25.03.1995. Thus the Petitioner has not completed the minimum 10 years qualifying service as entitlement to pension.