KAKA RAM Vs. STATE

JUDGEMENT

(1.) PETITIONER was initially appointed as Safaiwala on stop gap basis in the Family Welfare Department vide order dt. 30th of Aug'90. This arrangement was for 89 days. Thereafter in terms of SRO 75 of 1992, the services of the petitioner were regularized against the aforesaid post. After rendering thirteen years of continuous services, the petitioner superannuated w.e.f. 31st of March' 03. The case of the petitioner was referred to the respondent No. 2 for payment of retrial benefits to the petitioner. The said respondent, however, pointed out that the petitioner has neither been declared quasi -permanent nor permanent even after 11 years of service, and therefore, he is not entitled to pensionary benefits. Petitioner filed a representation and also served upon the respondent authorities a legal notice but the request of the petitioner for grant of pensionary benefits was declined, hence the present petition.

(2.) ON notice, respondent No. 2 has filed objections in which it is pleaded that petitioner served in the State in temporary capacity up to 12th of May'99 and was declared quasi permanent w.e.f. 13th of May'99. It is stated that the petitioner rendered a total service of 3 years, 10 months and 19 days in quasi permanent status and as per Rule 9 of Schedule -IX of J and K Civil Service Regulations Vol. 11, an employee who has rendered less than five years of service as quasi -permanent and has not been confirmed, then he is not entitled to pension.

(3.) PETITIONER admittedly has served in the respondent department for about 13 years. If a Government servant remains in continuous service for more than three years, then he is to be declared as quasi -permanent in terms of Rule 3(1) of the Jammu and Kashmir Civil Services (Temporary Service) Rules, 1961 (here -in -after called the Rules). For facility of reference, the said rule is being reproduced below: