STATE OF H.P. Vs. MEHAR CHAND

JUDGEMENT

(1.) Material facts necessary for adjudication of this petition are that the petitioner joined as part-time Water Carrier in Government Primary School (Girls), Tikker, under Pragpur Block, District Kangra in the year 1968. Thereafter he was appointed as contingent paid employee in March, 1972 in Government Primary School, Tikker, District Kangra. He worked as contingent paid employee since March, 1972 to 18th November, 1986. He was regularised as Chowkidar vide letter dated 6.11.1986. He retired from service on 31.7.1995. Respondents No. 1 to 3 submitted the relevant documents of the petitioner for pension to respondent No.4. However, respondent No.4 rejected the case of the petitioner on 12.7.1995 (Annexure A-5). The petitioner made another representation vide Annexure A-7. The same was rejected by respondent No.4 on 10.4.1997.

(2.) The case of the petitioner, in nutshell, is that half the service rendered by the petitioner on contingent paid basis is required to be counted for the purpose of pension as per Government of India's Decision No.(2), dated 14th May, 1968, appended below Rule 14 of the Central Civil Services (Pension) Rules, 1972.

(3.) Mr. Rajinder Dogra, learned Additional Advocate General and Mr. Lokinder Pal Thakur, Advocate, appearing on behalf of the respondents have argued that the service rendered by the petitioner on contingent paid basis cannot be counted at all.