SANT KUMAR MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner No.1 Sant Kumar Mishra was initially appointed as daily rated Chowkidar on 14.2.1979 on the clear vacant and regular post of contingency Chowkidar sanctioned under the contingency establishment. His services were regularized as contingency Chowkidar on 1.5.2013. He has already retired on completion of 62 years of age on 31.8.2015. Prior to his regularization on 5.6.2013, which is w.e.f. 1.5.2013 he had completed 34 years of service and as per Rule 6 of the Pension Rules, 1979, his previous services rendered as temporary employee (daily wage employee) deserves to be counted for the purpose of pension and he is entitled for the pension.

(2.) So far as the petitioner No.2 - Nemwati Kol's husband, namely Shankar Lal Kol is concerned, he was appointed as Chowkidar on daily rated basis against the regular and vacant post of contingency Chowkidar in contingency establishment on 1.5.1984 and has worked continuously on daily wage basis and was regularized on 5.8.2013 w.e.f. 1.5.2013 on the post of contingency Chowkidar. Shankar Lal Kol expired on 10.10.2013 while in service as regular employee and he had completed 29 years of service prior to his regularization as temporary daily wage employee on regular and sanctioned post of contingency Chowkidar of contingency establishment. It is contended that that he is also entitled to be given pension in the light of provisions of Rule 6 of the Pension Rules, 1979 as also in the light of the judgment dated 17.11.2004 passed in W.P. No.2698/2003 (Lallan Bai v. State of M.P. and two others) and connected W.P. No.4357/2004 (Bal Kishan Patel v. State of M.P. and others) by the co-ordinate Bench of this Court.

(3.) The grievance of the petitioners is that they are entitled to get pension and family pension as admissible to contingency paid employees under the Pension Rules, 1979 but the same is not accorded to them despite numerous requests. The petitioners have also relied upon the definition of permanent employee as defined in rule 2(c) of Pension Rules, 1979 and the same reads as under :-