VISHWANATH PRASAD TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) Since the pleadings are complete and the issue involved in this case relates to grant of pensionary benefit, with the consent of the parties, the matter is heard finally.

(2.) As per the facts of the case, the petitioner was initially appointed as a daily wager in the respondent Department w.e.f. 17.07.1978 and thereafter, vide order dated 13.07.2004 (Annexure-P/3), the petitioner was regularized in Work Charged Contingency Establishment on the post of Time Keeper on a pay-scale of Rs.2750-70-3800-75-4400. The petitioner thereafter retired from Work Charged Contingency Establishment w.e.f. 31.07.2010.

(3.) The petitioner filed a petition before this Court in the year 2010 i.e. W.P. No.18072/2010 claiming that his services which he has rendered as a daily wager be counted with the services which he has rendered in Work Charged Contingency Establishment for the purpose of grant of pensionary benefit. The learned counsel for the petitioner has relied upon the law laid down by this Court in the case of Gopi Pillai vs. M.P.E.B., Jabalpur & Another, 2002 2 MPLJ 278. The said petition was disposed of vide order dated 30.11.2013 with a direction to the respondents to consider the claim of the petitioner in light of the law laid down by this Court in the case of Gopi Pillai (supra). However, the respondents, vide order dated 14.03.2014 (Annexure-P/6) rejected the claim of the petitioner saying that the case of Gopi Pillai (supra) does not apply in the facts and circumstances of the case of the petitioner. However, by the instant petition, the petitioner is claiming that the order passed by the Authority on 14.03.2014 be set aside and the petitioner be granted benefit of pension as he has already completed the qualifying service.