GOPI PILLAI Vs. M.P.E.B., JABALPUR

JUDGEMENT

(1.) COMMON question involved in all these writ petitions is whether under Rule 42 of M. P. Civil Services (Pension) Rules, 1976 (for short "the Rules of 1976") period spent by an employee in the work charged establishment can be counted as qualifying service.

(2.) PETITIONERS were initially taken in the service in M.P.E.B. in the work -charged establishment. They had rendered less than 10 years service in the work -charged establishment; they were absorbed in the regular establishment. However, there was no break in their service; that continued uninterruptedly pursuant to their absorption in the regular establishment.

(3.) PETITIONERS submit that their cases are covered by number of decisions of this Court and also the decision of the Supreme Court in Ram Kumar Agrawal vs. State of M. P. and others 1995 Supp (3) SCC 67. It is further pointed out that against the decision of this Court in case of M. T. Joseph, the matter travelled upto the Supreme Court as reflected in Annexure P/14 in W. P. No. 5252/01; the decision of this Court to count the period spent on the work charged establishment towards the qualifying service under the Rules of 1976 was affirmed by the Supreme Court and the respondents decided to implement the decision of this Court and that of the Hon'ble Supreme Court and counted the work -charged service towards qualifying service and the pensionary benefits were sanctioned. There are other orders placed on record of this Court passed by the single Bench in M. P. No. 1569/94 decided on 24 -11 -1993 (Annexure P/9), W. P. No. 4097/97 decided on 14 -9 -1998 (Annexure P/10), W. P. No. 2967/99 decided on 28 -10 -1999 (Annexure P/11) and W. P. No. 2809/2000 decided on 4 -10 -2001 (Annexure P/12); against the latter decision in W. P. No. 2809/2000, a Letters Patent Appeal is pending before the Division Bench of this Court.