DELHI TRANPORT CORPORATION Vs. RAJENDER SINGH

JUDGEMENT

(1.) The only issue which arises for consideration in this writ petition is whether the respondent is entitled to pension on the ground that he has 10 years of qualifying service in the backdrop of Rule 49(3) of the CCS (Pension) Rules, 1972. It is an admitted position that the respondent has completed 09 years, 10 months and 6 days of qualifying service.

(2.) On a plain reading of Rule 49(3), it is clear that while calculating the length of qualifying service, a fraction of a year equal to 03 months and above is to be treated as a completed "one half-year" and reckoned as qualifying service for that duration.

(3.) The respondent, as stated above had completed 09 years 10 months and 6 days of qualifying service. In other words, he had admittedly completed 91/2 years plus a further 04 months and 06 days of qualifying service which if read in the light of Rule 49(3) would amount to another half year of qualifying service. This, in turn, would mean that the respondent had, in fact, completed 10 years of qualifying service and, therefore, he would be entitled to pension.