BALU RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petition has been filed on the following praye vide para 17(1) and (2): 17(1) That the Petitioner in the facts and circumstances prays that the Respondents may be directed to pay the Petitioner service pension alongwith interest as admissible w.e.f. 1.3.1988 till final payment after applying Rule 13 and 49(3) of the CCS Pension Rules, 1972 and also take one forth of the portion of the period of 28 years spent by the Petitioner on part time basis with the Respondents. (2) That in the alternative the Respondents may be directed for counting the qualifying period w.e.f. 28.3.1978 i.e. the date of first DPC and applying Rule 49(3) of the CCFS Pension Rule, 1972 after putting 28 years of service on part time basis as the Petitioner was already in part time service of the Respondents and as such his qualifying period of service may be directed to be accounted from 28.3.1978 onwards.

(2.) THE Respondents have taken the following stand vide paras 1 of the preliminary submissions and 13 on merits : 1. That it is respectfully submitted that the Petitioner is not eligible for pensionary benefits as he has rendered 8 years and 7 days regular service prior to his retirement on superannuation. Hence, he has not completed regular qualifying service of 10 years for grant of pensionary benefits. The Petitioner was promoted as Whole Time Contingent Paid on 14.09.1978 and thereafter he was promoted as regular Class -IV employee on 18.07.1981 and accordingly he joined as such on 01.08.1981. the Petitioner was retired on 28.02.1988 on attaining the age of superannuation. It is further submitted that the Petitioner has been paid Leave Salary (leave Encashment) amounting to Rs. 6461/ - and Service Gratuity amounting to Rs. 7885/ - thereafter, the present petition being devoid of any merits is liable to be dismissed in the interest of justice. 13. That in reply to the contents of this para it is submitted that the Petitioner has not completed 10 years of regular services and he was promoted as regular Class - IV Peon in the year 1981 and retired after attaining the age of superannuation in the year of 1988. So far as the case of State of HP V/s. Sarab Dayal is concerned it is respectfully submitted that this case is entirely different than that of the Petitioner. In the case of Sarab Dayal the matter pertains to Daily Waged employees whereas in the present matter the services of the Petitioner were regularized from whole time contingent paid. Hence, the Petitioner has no right to service the Respondents with the legal notice and thereafter prefer and maintain present Civil Writ Petition and the same is liable to be dismissed in the interest of justice.

(3.) THE case of the Petitioner, who retired on attaining the age of superannuation on 29.02.1988, is that the period of service rendered by him on temporary basis w.e.f. 28.03.1978, i.e., the date of DPC till 02.05.1981, when he was regularized vide Office Order of even date, Annexure P -6 is liable to be counted for the purpose of pension. In this regard he is placing reliance on Rule 13 of the Central Civil Services (Pension) Rules, 1972 (in short 'CCS (Pension) Rules ') which defines commencement of qualifying service and is as under: 13. Commencement of qualifying service Subject to the provisions of these rules, qualifying service of a Government servant shall commence from the date he take charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity: Provided that officiating or temporary service is followed without interruption by substantive appointed in the same or another service or post. t