PURSHOTAM DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner has prayed for quashing of memo dated 26.2.2001 Annexure A -5 with a direction to the respondents to count the period rendered by petitioner as O.T. on temporary basis for the purpose of pensionary benefits. It has also been prayed that respondents may be directed to revise the pensionary benefits of the petitioner and thereafter to pay all arrears to petitioner alongwith interest allowed at the rate applicable in the Nationalized Bank.

(2.) THE brief facts of the case are that the petitioner joined as O.T. (Oriental Teaching) teacher on 28.8.1962. He was given breaks and was again appointed as O.T. teacher on 12.10.1962 till 31.3.1963. The petitioner continued to serve with respondents department as O.T. teacher till 2.12.1964 when petitioner was appointed as O.T. teacher on regular basis. The petitioner on his regularization was allowed increments by calculating his service w.e.f. 28.8.1962. On regularization of the petitioner his pay was fixed by allowing him increments after completion of one year service by calculating the working days. The petitioner has been given revised pay scales from time to time. The petitioner improved his qualifications and obtained B.Ed. degree. He was promoted as Trained Graduate Teacher against the quota fixed for such promotion. The petitioner has retired from service on 30.6.1996.

(3.) THE petitioner had submitted a representation to the competent authority regarding his grievance. On 28.5.1999 some information was sought from respondent No.2 by respondent No.1 which was supplied on 23/24.7.1999. The representation dated 26.2.2001 of the petitioner was rejected by the department vide Annexure A -5. It was observed that period of contractual appointment does not qualify for pension as per provisions of CCS Pensions Rules, 1972. The petitioner has submitted that action of respondents not to count the period from 28.8.1962 to 2.12.1964 for the purpose of pensionary benefits etc. is wrong, illegal and violative to Articles 14 and 16 of the Constitution. The department has counted the period of working days on temporary basis for the purpose of pay fixation. The petitioner has been given all other service benefits by counting entire temporary period for which the petitioner worked with the respondents. The working period of the petitioner on temporary basis comes to 21 months and has been counted for grant of other benefits including annual increments, hence this petition.