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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Bihar School Examination Board – Appellant
Versus
Arti Kumari @ Nibha – Respondent
P. B. Bajanthri, J. – The present L.P.A. is presented on behalf of the Bihar School Examination Board in assailing the order dated 28.05.2020 passed in C.W.J.C. No.4643 of 2017.
2. Grievance of the respondent Arti Kumari alias Nibha, wife of Chitranjan Pandey and daughter of Late Sugandha Upadhyay. Deceased Sugandha Upadhyay was appointed on daily wage basis in the Bihar School Examination Board in the month of March, 1975. Among others, his services were regularized on 21.01.1981 with effect from 01.01.1981 and he had attained the age of superannuation and retired from service. He had claimed that service rendered as a daily wager from March, 1975 till 01.01.1981 was required to be counted for the purpose of fixation of pension. The same was subject matter of two litigations. On earlier occasions, this Court directed the Bihar School Examination Board to consider grievance of the legal representative of the deceased Sugandha Upadhyay. Ultimately, a detailed order was passed and communicated to the respondent on 21.09.2016 during the pendency of C.W.J.C. No.4643 of 2017. By means of supplementary, respondent has assailed the order dated 21.09.2016 which was produced as Annexure-5/A.
Daily wage service cannot be counted towards pension eligibility without a specific legal basis, as established in the Sunder Singh ruling, which is not applicable in this case.
Under Rule 13 thereof, the service that qualifies for pension commences from the date the employee takes charge of the post to which he is appointed either substantively or in an officiating/temporar....
The main legal point established in the judgment is the entitlement of employees to have their past services counted for pensionary benefits, as per the provisions of the Industrial Disputes Act and ....
Court are of the view that they are entitled to weightage of service rendered as daily wagers towards regular service for the purpose of pension.
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