MUBIN KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The relief prayed for in the writ petition was for including the period of service rendered by the petitioner as temporary employee in the capacity of contingency paid employee, for counting as pensionable service, which the Department is not counting because the petitioner was regularized on the post of LDC only in the year 1988.

(2.) There is no dispute about the fact of date of petitioner's joining the service in the Contingency Paid Establishment in the year 1979 and his date of regularization in the year 1988. It is also not in dispute that while calculating the pensionary benefits, petitioner's services from the date of regularization have been counted. However, the petitioner claims that his services rendered in the Contingency Paid Establishment as a temporary employee, prior to the date of regularization, should also be counted as pensionable service.

(3.) From the order passed by the Single Bench, it appears that the petitioner has been allowed gratuity by the Controlling Authority under the Payment of Gratuity Act from the date of his initial appointment in the year 1979.