NEMAI CH CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The issues which arise for determination in this petition are (i) whether the temporary service rendered initially by an employee should be reckoned for the purpose of qualifying service for payment of pension if it is followed immediately by permanent service and (ii) whether the Government as a matter of course must condone the shortfall in the qualifying service of such an employee for the purposes of payment of pension and other retiral benefits. The Petitioners in this case were employed on different dates as Seasonal Belders. They were paid a monthly remuneration in accordance with the Office Order issued appointing them in service.

(2.) The Office Order indicates that they are entitled to payment of salary in the scale of pay of Rs. 220 5 260 6 308 7 364 8 388 plus the usual admissible allowances. All these persons were absorbed as permanent employees with effect from different dates in 1977. Their regularization of service was effected only after an interview and age verification and production of certain documents.

(3.) The Petitioners discharged the same duty continuously without any interruption or break in service from the time they were initially recruited as Seasonal Belders till they retired from service on attaining the age of sixty years. On retirement, the Petitioners received all their dues except pension, as they had not completed ten years of regular or permanent service as Annual Belders.