V. PARVATHI Vs. VISAKHAPATNAM PORT TRUST

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:-

(2.) As per the averments of the Writ Petition, originally the petitioner was appointed and worked as a casual labour as Khalasi from 11.10.1996 to 04.05.1997 in Medical Department and she worked as a casual labour for a period of 6 months and 25 days. Later her appointment was regularized as Khalasi in Medical Department in Visakhapatnam Port Trust on 05.05.1997 by the 1st respondent and issued proceedings No. O.O.No.A/Med/Rect/ S&SKH/170/97, dated 20.05.1997. Later, the petitioner attained superannuation on 31.01.2007 from service as S & S Khalasi of Medical Department in Visakhapatnam Port Trust. Subsequent to the superannuation of the petitioner, she submitted a pension proposal through 2nd respondent and requested for releasing of the terminal benefits and also monthly regular pension, which she is entitled to. The respondent was released gratuity only, but not sanctioned monthly pension, on the ground that the petitioner is having quailed service of 9 years, 8 months and 26 days, but not having 10 years service for sanction of pension. Therefore, the petitioner made representation dated 08.10.2012 for considering her 50% service period, on which she worked as a casual labour for sanction of service for eligibility for pension. Further, the petitioner requested the respondent authorities to count 50% of petitioner's casual service as per the orders of the Ministry of Shipping (Port Wing), Government of India vide F.No. A-38011/ 8/2004-P.E.I(P1), dated 05.08/2004, wherein it was stated that the period not less than 240 days in 12 calendar months, hence the petitioner will became eligible for pension and the respondent authorities have not considered the case of the petitioner for counting 50% of casual service for calculation. Hence the petitioner has filed present Writ Petition.

(3.) The respondents have filed their counter and denied the allegations made in the Writ Petition. The respondents further stated that the petitioner is not entitled for monthly pension as per the provisions of the Pension Rules existing in force, as only the employee of VPT, who have a service of 10 years or more are entitled to a monthly pension. The petitioner has rendered Port service for 9 years, 8 months and 16 days, for which she been paid retirement gratuity of Rs. 45,849/- as per P.G.Act, 1972 and she was also paid Rs. 75,497/- as per rule 49 of CCS pension as she was not entitled for life time pension and as per pension rues she is not entitled for receiving pension. As per instructions of the Ministry of Shipping dated 05.07.2004, the period of casual service should not be less that 240 days in 12 calendar months for counting 50% Casual/ Daily rated service for pension benefits. As stated that the petitioner has rendered casual service only for 206 days i.e from 11.10.1996 to 04.05.1997, which does not fulfill the above criteria and hence the request of petitioner to counter 50% of casual service cannot be considered as per the said Memo. In view of the same, the respondents requested to dismiss the Writ Petition.