LAWS(HPH)-2010-12-220

NARBADA DEVI Vs. STATE OF H.P.

Decided On December 16, 2010
NARBADA DEVI Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) THE writ petition is filed with the following prayer: (i) That the respondents may kindly be directed to count the ad hoc/tenure services of the petitioner rendered as JBT from 23rd Oct., 86 to 4th Oct.,93 towards qualifying service for the purpose of pension, retiral and other consequential benefits which may kindly be ordered to be released with interest in a time bound manner. -

(2.) ACCORDING to the petitioner, she had rendered service as a JBT on ad hoc/tenure basis between 23rd October, 1986 to 4th October, 1993 and it was followed by regular service. It is submitted that during the said period of October, 1986 to October, 1993, the petitioner had been given increments in the scale. The grievance, however, is that the period counted for increments is not counted for the purpose of pension. Therefore, the question is whether the service counted for the purpose of increments can be counted for the purpose of pension. Qualifying service is defined under Rule 3(1)(q) of the CCS (Pension) Rules, 1972, which reads as follows: (q) ˜Qualifying Service means service rendered while on duty or otherwise which shall be taken into account for the purpose of pensions and gratuities admissible under these rules. -

(3.) ON a conjoint reading of Rules, the emerging and clear position is that the service rendered by an employee in an officiating or temporary capacity followed without interruption by substantive appointment in the same or another service or post, shall be counted for the purpose of pension. The petitioner has been granted increments, under this provision only. An employee appointed in temporary or officiating service and put on the scale attached to the post and having been granted increments in the scale and in case that appointment is followed by a regular appointment in the post without break is entitled to count the period as qualifying service for the purpose of pension.