RAM SINGH PRAJAPATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking a direction to the respondents to count his period of service from 09/01/1974 to 08/09/1978 towards his qualifying service for purposes of pension and other retiral dues.

(2.) The facts necessary for decision of this case are that the petitioner was initially appointed for a period of two months vide order dtd. 09/01/1974 on the post of Amin in work charged establishment in the office of Executive Engineer, Irrigation Department, Morena. A perusal of this order shows that the petitioner was given minimum of the pay scale of Rs.65.0095/- together with admissible dearness allowance. The petitioner continued to work as such and ultimately he was regularized on the aforesaid post in regular establishment in the pay scale of Rs.139.00200/- vide order dtd. 08/09/1978. The petitioner, thereafter, retired from service on attaining the age of superannuation w.e.f. 31/12/2010. After retirement of the petitioner, when the PPO was issued by the respondents, his services were counted from 18/09/1978 to 31/12/2010 for purposes of calculation of his retiral dues. The petitioner, thereafter, filed this writ petition on 27/8/2024 praying for the aforesaid relief.

(3.) Learned counsel for the petitioner argued that the petitioner was initially appointed in the work charged establishment and was an employee within the meaning of the Madhya Pradesh (Work-Charged and Contingency Paid Employees) Pension Rules, 1979. He further submitted that his initial appointment with the work-charged establishment was followed by his regularization in the regular establishment vide order 08/07/1978. Thus, by virtue of Rule 6(3) of Pension Rules, 1979, the petitioner is entitled to count his previous services also. He placed reliance upon Gopi Pillai Vs. M.P.E.B. reported in 2002(2) MPLJ 278. He also relied upon coordinate bench judgment in the case of Smt. Renu Bansal Vs. State of M.P. & others in W.P. No.25904/2021 . Learned counsel, thus, prayed for issuance of suitable directions to the respondents.