HARISINGH Vs. WATER RESOURCE DEPARTMENT

JUDGEMENT

(1.) The petitioner has filed the present petition seeking direction to the respondents to grant the pensionery benefit treating his services as pensionable from 01/12/1980 to 31/05/2016.

(2.) Brief facts of this case are that the petitioner was initially appointed on 01/12/1980 and after rendering 36 years service, he retired from his service on 31/05/2016. According to the petitioner, he completed 15 years of service under M.P. (Work Charge and Contingency Paid Employees) Pension Rules, 1979, therefore, he is entitled for the regular pension.

(3.) After notice, the State Government filed the return and submitted that the petitioner was appointed as Daily Rated Employee and in his entire service he has been paid daily wages. Neither he holds the status of regular employee nor he worked under Work Charge and Contingency Paid Employees, therefore, he is not entitled for pension. The provisions of M.P. (Work Charge and Contingency Paid Employees) Pension Rules, 1979 are not applicable to the petitioner. The petitioner has been paid One Lac Rupees as full and final settlement, therefore, he has no right to get the pension. Hence, prayed for dismissal of the writ petition. The petitioner raised the industrial dispute before the Labour Court along with 20 similar placed employees. His name is at serial No.7 in the order dated 30/07/2011. Vide order dated 30/07/2011, Labour Court, Ujjain directed the State Government to pay the wages and other benefits of permanent employees, as payable to the Fourth Class Employees.