RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) ORDER Present civil writ petition is filed under Section 226 of the Constitution of India pleaded therein that petitioners were engaged on daily wage basis in the respondents department in Forest Division situated in Bilaspur District in the year 1988. It is pleaded that work charge status was granted to the petitioners after completion of ten years of daily wage service. It is further pleaded that services of petitioners were regularized by the respondents department in the year 2007 and petitioners worked as such till the year 2010. It is further pleaded that after completion of ten years regular service petitioners were entitled for pension as prescribed in CCS (Pension) Rules. It is pleaded that pension was not granted to petitioners by the respondents department. It is pleaded that petitioners retired from service after attaining the age of superannuation and despite eligibility of pension the pension was denied to petitioners by the respondents department. It is pleaded that respondents department be directed to grant pension to petitioners as per Clause 49 of CCS (Pension) Rules and further pleaded that respondents be also directed to grant benefit of gratuity.

(2.) PER contra reply filed on behalf of the respondent Nos. 1 to 3 pleaded therein that petitioners were engaged on daily wage basis in the respondents department and they worked till their regularization. It is pleaded that on receipt of posts from State Government for regularization of daily waged workers their services were regularized on dated 19.9.2007 and petitioners retired from service after attaining the age of superannuation during the year 2010 after completing only about two and a half years regular service. It is pleaded that petitioners filed civil writ petition before this Court and as per order of the Hon'ble High Court of H.P. work charge status was granted to the petitioners w.e.f. 1.4.1998 and 1.1.1998 respectively. It is pleaded that petitioners have not completed required qualifying service for pension as prescribed under CCS (Pension) Rules 1972 and they are not entitled for pension benefits. It is pleaded that H.P. State Government vide letter No, FFE -A(B)19 -2/2011 dated 30.11.2011 annexed as Annexure R -1 advised that daily wager who is conferred work charge status retrospectively is not entitled for grant of benefits under Assured Carrier Progression Scheme, Earned leave and medical leave etc. It is pleaded that keeping in view above stated facts service rendered by petitioners on work charge basis could not be considered as regular service for grant of pensionary benefits as per CCS (Pension) Rules 1972. It is pleaded that present writ petition is not maintainable. It is pleaded that Hon'ble Apex Court of India in case titled as Jaswant Singh and others vs. Union of India and others : (1979) 4 SCC 440 held that employees of work charge are not entitled to service benefits as available to regular employees. It is pleaded that as per directions of Hon'ble High Court of H.P. the work charge was granted to petitioners w.e.f. 1.4.1998 and 1.1.1998 respectively and they have retired from government service in the year 2010 after putting two and a half years regular service. It is pleaded that as petitioners have not completed qualifying service for pension they are not entitled for any pensionary benefits as sought in relief clause of petition. Prayer for dismissal of civil writ petition sought.

(3.) FOLLOWING points arise for determination in this civil writ petition: -