LAWS(MPH)-2020-9-113

PRABHU DAYAL RAJAK Vs. STATE OF M P

Decided On September 25, 2020
Prabhu Dayal Rajak Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this petition has been taken up for hearing through video conferencing to maintain social distancing.

(2.) With the consent of the parties, the matter is finally heard.

(3.) The present petition has been filed being aggrieved by illegal and arbitration action on the part of the respondents not counting his past services before regularization for the purpose of pension. It is further submitted that the petitioner was engaged as a daily wager Site Supervisor in Irrigation, Sub-Division No.2, Joura, District Morena and during this period, work of Copyist and Ameen were also taken from him. His salary was being paid from the contingency fund. Thereafter, services of the petitioner were regularized on the post of L.D.C. vide order dated 22.02.1993 in Work Charged Establishment against clear vacant post and regular Pay-Scale of Rs.950-25-1000- 30-1210-40-1530 was granted w.e.f. the date of regularization. On attaining age of superannuation, the petitioner was retired from the services w.e.f. 31.03.2007 from the post of L.D.C. from the Office of Executive Engineer, Rajghat Nahar Division No.2, Orchha, District Teekamgarh. Thereafter, the said has been merged in the Office of Respondent No.2. On bare perusal of PPO, it reveals that for the purposes of pension, respondents have taken into consideration services of petitioner w.e.f. 22.02.1993, instead of his initial date of appointment i.e. 16.10.1981, whereas in terms of M.P. (Worked Charged and Contingency Paid Employees) Pension Rules, 1979, the petitioner is fully entitled to receive benefits of pension and other retiral dues from the date of his appointment.