GOHEN TAHAR Vs. STATE OF A P

JUDGEMENT

(1.) Heard Mr. M. Pertin, learned senior counsel, assisted by Mr. L. Perme, learned counsel for the petitioner. Also heard Mr. S. Tapin, learned senior Govt. Advocate appearing for the State respondents.

(2.) By this writ petition filed under Article 226 of the Constitution of India, the petitioner has projected that on 08.09.1977, he was temporarily appointed as bus conductor in the Roing Dambuk Anchal Samiti Mini Bus Service w.e.f. 01.09.1977, by the Circle Officer- cum- Executive Officer, Roing Dambuk Anchal Samiti, Roing at a particular pay scale and other allowances as admissible to the Arunachal Pradesh Govt. employees. In addition to his salary, the petitioner was also allowed to draw holiday cum running allowance of Rs.60/- per month. After rendering many years of service till 2015, the petitioner realized that the service which he was rendering did not entitle him to any pensionary benefits. Accordingly, at his instance, a proposal was moved to the Govt. for absorption of the petitioner in a Govt. Department for pensionary benefits as a State awardee. Thereafter, by an order dated 05.06.2013, the District Administration Department, Govt. of Arunachal Pradesh informed the Deputy Commissioner, Lower Dibang Valley District that the Govt. had no objection for the absorption of the petitioner to any post as per his qualification in view of the length of service rendered by the petitioner. The Deputy Commissioner, Lower Dibang Valley District, by order dated 23.07.2013, submitted a proposal for absorption of service of the petitioner and accordingly, the District Administration Department, Govt. of Arunachal Pradesh by order dated 02.02.2015, issued the approval to the Deputy Commissioner, Lower Dibang Valley District for the appointment of the petitioner in the equivalent post of U.D.C. against the existing vacancy in his establishment. By another communication dated 17.06.2015, the District Administration Department informed the Deputy Commissioner, Lower Dibang Valley District about the approval of the Govt. for absorption of the petitioner against the regular Multi Tasking Staff (MTS) under 2515 Panchayat Raj, lying vacant in his establishment with the pay scale of Rs.5,200 - 20,200 + 1,800 GP and the Deputy Commissioner was directed to issue a formal order of absorption from his end indicating the period of service rendered in the Anchal Samiti which are counted for qualifying service for pension. Thereafter, by an office order No.106 dated 22.07.2015, the petitioner was appointed against an MTS post w.e.f. 17.06.2015, further providing that the period of service rendered by the petitioner in Anchal Samiti w.e.f. 01.09.1977 to 16.06.2016 shall be counted for qualifying service for pension of fulfillment of condition mentioned therein and he was attached in D.P.D.O. Office, Roing. The petitioner joined his duty as MTS on 01.10.2015. Thereafter, by an order dated 14.10.2015, the pay of the petitioner was fixed notionally from the date of his final appointment in the Anchal Samiti and he became entitled to his salary w.e.f. 17.06.2015. Thereafter, on behalf of the Deputy Commissioner, Lower Dibang Valley the S.D.O. (Estt.) wrote to the Secretary, Govt. of Arunachal Pradesh, District Administration for clarification as regards period of service rendered by the petitioner in Anchal Samiti for counting qualifying service for pension. In the meanwhile, the petitioner attended the age of superannuation on 31.01.2017 (AM) and he was released. Thereafter, by a communication dated 27.12.2017, the District Administration Department, Govt. of Arunachal Pradesh informed the Deputy Commissioner, Lower Dibang Valley that the earlier service of the petitioner was not pensionable and that the service of the petitioner was regularized under the Govt. of Arunachal Pradesh with the approval of Secretary, District Administration without obtaining any relaxation of Recruitment Rules. It was further informed that only the Cabinet was authorized to relax the Recruitment Rules. Hence, by taking a view that the regularization of the petitioner appeared to be ab initio void, the claim of the petitioner for pension was rejected and the department was advised to initiate action against the erring officials as per rules.

(3.) Assailing the impugned order dated 27.10.2017, the learned senior counsel for the petitioner has submitted that notwithstanding that the previous service of the petitioner was a non pensionable service, but the Govt. of Arunachal Pradesh had regularized the service of the petitioner after taking a conscious decision to the effect that the past service of the petitioner would be calculated for the purpose of pension. By referring to the order of approval dated 15.06.2013, it is submitted that the District Administration Department had issued a specific instruction to the Deputy Commissioner, Lower Dibang Valley, thereby authorizing the Deputy Commissioner to issue a formal order of absorption by indicating the period of service rendered in the Anchal Samiti, which shall count for qualifying service for pension. Thereafter, by taking into consideration the salary of the petitioner, as revised from time to time for his past service, the Deputy Commissioner, Lower Dibang Valley had fixed the of the petitioner.