Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2008 Supreme(SC) 1589

2008(8) Supreme 145
SUPREME COURT OF INDIA
(From Punjab and Haryana High Court)
S.B. Sinha and Cyriac Joseph, JJ.
State of Haryana & Ors. — Appellants
versus
Shakuntla Devi — Respondent
Civil Appeal No. 6271 of 2008
(Arising out of SLP (C) No.1502 of 2006)
WITH
Civil Appeal Nos. 6272 & 6273 of 2008
(Arising out of SLP (C) No.2759/06 and 529/08)
Decided on : 24-10-2008

Advocates appeared:
For the Appellant :P.S. Patwalia, Sr. Adv., Manjit Singh, Harikesh Singh and T.V. George, Advocates.
For the Respondent:Ms. Shikha Roy Pabbi, S.K. Pabbi, Ajit Kumar, S.K. Sabharwal, Prem Malhotra, Ashu Bhatia, Ravi Pratap Singh and Ajay Choudhary, Advocates.

IMPORTANT POINT
For being eligible for family pension, the employee must be a Government servant, working in a personable scheme and completed a minimum period of one year in that capacity.

Headnote:(a) Service Law – Temporary service – If an appointment is made on temporary basis, the appointee remains temporary irrespective of the post being temporary or permanent or made permanent subsequently – Until and unless the appointee is declared to be made permanent or quasi-permanent under the Rules, he remains temporary – Status of temporary employee in relation to termination is similar to that of a probationer. (Paras 5 and 6)
        AIR 1995 SC 962 – Relied upon.
        (b) Punjab Civil Services Rules Volume II Part I – Rules 2.4, 3.12, 12.2 and Family Pension Scheme, 1964 – Family pension can be granted to the dependent of the deceased Government employee under the Family Pension Scheme only by way of a further relief and not independent of the main Pension Rules. (Paras 20 to 22)
        (c) Punjab Civil Services Rules Volume II Part I – Rules 2.4, 3.12, 12.2 and Family Pension Scheme, 1964 – Government employee acquires status only when he becomes entitled thereto by reason of a statute or by his employer declaring him to be entitled therefor – If a person was not a Government employee, the question of his dependent becoming entitled to the benefits of family pension scheme would not arise – Confirmation in service whether before retirement or before death must be held to be sine qua non for becoming eligible for grant of pension. (Paras 20, 21 and 25)
        (d) Family Pension Scheme, 1964 – Paragraph 3 – To be eligible to pension, an employee must be regular, that is, appointed in accordance with the Rules – Only because services of ad hoc employees were continued, the same would not mean that thereby his status has been changed – The scheme did not apply to respondents. (Para 28)
        2008 (1) SCALE 570.
        (e) Service Law – Family Pension – For being eligible, the employee must be a Government servant at the first instance – He must be working in a personable scheme – Lastly, he must have completed a minimum period of one year in that capacity. (Para 29)
        (f) Family Pension Scheme, 1964 – Paragraph 4, Note 1 – Note 1 explains exclusion of the periods which shall not be counted towards one year’s continuous service – It by itself does not create any new right. (Para 31)
        (2005) 6 SCC 776 – Relied upon.
        2000 (2) SCT 32 – Distinguished.
        (2003) 1 SCC 184 – Referred.
       Facts of the case:
        1. Whether the respondents being dependents of the deceased ad hoc appointees are entitled to grant of ‘family pension’ in terms of the provisions of Punjab Civil Services Rules and Family Pension Scheme, 1964 is the question involved in these appeals.
       Finding of the Court :
        Impugned judgment cannot be sustained.
       Result : Appeals allowed.

JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Whether the respondents being dependents of the deceased ad hoc appointees are entitled to grant of ‘family pension’ in terms of the provisions of Punjab Civil Services Rules (for short, ‘the Rules’) and Family Pension Scheme, 1964 (For short, ‘the 1964 Scheme) is the question involved in these appeals, which arise out of judgments and orders dated 4.5.2005 and 24.4.2007 passed by the High Court of Punjab and Haryana at Chandigarh in CWP Nos.8401 of 2003, 1858 of 2004 and 13112 of 2006.

3. Respondent Shakuntla Devi is the widow of Late Balwant Singh Driver; Respondent Rama Devi is the widow of Late Karan Singh; and Respondent Sohni Devi is the widow of Late Dharam Pal.

4. All of them were appointed on ad hoc basis for a period of six months on diverse dates.

Their offers of appointment containing the terms and conditions thereof, read as under :

(a) Offer of Appointment of Late Karan Singh “The following applicants are appointed as J.B.T. on the basis of six months, on pay of Rs.125/- and prescribed allowances total grade of Rs.125/250 in the Schools mentioned against each. They are directed to submit their joining reports to the concerned Head Master/Head Mistress, Block Education Officer by 11.7.73 (F.N.). If he fails to join by this date, other applicants will be appointed in their place. The service is temporary and liable to be removed from service at any time without any notice.

Name of applicant & Registration Place of Remarks address No. Appointment

Sh. Karan Singh s/o 2879/73 Govt. Nil Deep Chand, Village Secondary Manpur, The. Nuh, School, Gurgaon Kondal

Endst. No. even.”

(b) Offer of Appointment o Late Balwant Singh

“Sub. Ad hoc appointment of Drivers.

On the recommendations of the State Employment Exchange, Haryana, you are hereby offered a post of temporary Driver in the Pay scale of Rs.1200-30-1500-EB-40-2040 plus usual allowances as sanctioned by the Haryana Government from time to time for a period of six months or till such a recommendee of Subordinate Services Selection Board, Haryana reports for duty, whichever event is earlier.

2. Your appointment is temporary and your services can be terminated without assigning any reason and without any notice of discharge.”

“Subject - Appointment on ad hoc basis

The Director of Industrial Training & Vocational Education Haryana is pleased to appoint you to the post of Clerk in the grade of 400-104-90/540-15-600-EB-20-660 plus allowance as admissible under rule purely on ad hoc basis for a period of six months, or till a regular candidate duly recommended by the Subordinate Services Selection Board, Haryana joins, which ever is earlier, on the terms and conditions mentioned below :-

i) that your services are liable to be terminated at any time without notice and without assigning any reasons.

ii) That conditions of your ad hoc services will be governed by the rules and instructions issued by the Haryana Government from time to time.......”

All the aforementioned offers of appointment, thus, categorically go to show that the same were ad hoc in nature. Appointments were made for a period of six months only. The services of the appointees were liable to be terminated without any notice or without assigning any reason.

5. Temporary servants may be appointed by the State for satisfying the needs of a particular contingency. Conditions of service of the temporary servants may be regulated either by laying down the conditions therefor in the offer of appointment and/or the rules operating in the field. If an appointment, it is trite, is made to a temporary post, there can be no permanent appointment therein. He would be deemed to be in temporary service only. Even where a temporary post is made permanent, the same by itself does not render the employment permanent and, thus, temporary employee continues to remain on temporary service. Until a declaration is made under the relevant rules, he cannot be deemed

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2008 Supreme(SC) 1589

IMPORTANT POINT For being eligible for family pension, the employee must be a Government servant, working in a personable scheme and completed a minimum period of one year in that capacity.

Cases Referred (4)

IMPORTANT POINT
For being eligible for family pension, the employee must be a Government servant, working in a personable scheme and completed a minimum period of one year in that capacity.