RAMESHCHANDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard.

(2.) The petitioner has filed the present petition, alleging that the respondents have not counted his service from 1.7.1983 to 3.02.1997, while calculating the pension and because of which he suffered the financial loss, therefore, the respondents be directed to give the benefit of the entire service from 1.7.1983 till retirement for the purpose of pension, gratuity etc.

(3.) According to the petitioner, he was appointed as truck driver as daily wager on 1.7.1983. By order dt.20.01.1997, he was made member of the contingency paid establishment. The Sub Divisional Officer vide certificate dt.2.4.2008, has certified that the petitioner has worked as daily rated employee 1.7.1983 to 3.2.1997. By order dt.22.1.2016, the petitioner has been retired from the service after attaining the age of 60 years. After retirement the District Pension Officer issued a PPO for grant of pension and other retiral dues counting his service from 4.2.1997 to 31.1.2016 hence, the petitioner has approached this court that once his service has been regularized therefore, entire service period is liable to be counted for the purpose of pension and other benefits. After notice the respondents filed the return by submitting that the petitioner has worked till 3.2.1997 as daily wagers. There was no regular clear vacancy available in the department when the petitioner was appointed as daily rated employee. The petitioner has worked regularly from 4.2.1997 to 30.1.2016, ie. 18 years 11 months, therefore, he has rightly been given the pension only on the basis of regular service.