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HARISH KUMAR
Rambriksh Paswan, Son of Late Arun Paswan – Appellant
Versus
State of Bihar through Principal Secretary, Public Health Engineering Department – Respondent
JUDGMENT :
Harish Kumar, J.
Heard Mr. Siya Ram Shahi, learned counsel along with Mr. Ram Sevak Choudhary, learned counsel appearing on behalf of the petitioners and Mr. Vishambhar Prasad, learned AC to AAG-5, for the State.
2. The petitioners by filing the present writ petition under Article 226 of the Constitution of India seeking quashing of Clause (v) of Para 4 of Memo No. 10710 dated 17.10.2013, issued by the Additional Secretary, Finance Department, Government of Bihar, Patna, as contained in Annexure-8 to the writ petition, whereby it has been resolved that the Old Pension Scheme will be applicable to these employees. The benefits of pension and gratuity shall be calculated by recognizing one year of regular service for five years of Work Charge Establishment. Nonetheless, if the period of employee shall not be completed the qualifying period of 10 years of pensionable service under such circumstance, the benefit of pension will be given by adding the minimum service to that period.
3. The petitioners were initially appointed on Muster roll as Nalkup Khalasi sometime in the year 1979 and 1980 and subsequently by the letters issued by the Executive Engineer, Public Health Rural Wa
Only the qualifying period of service under Work Charge Establishment is counted for pension eligibility, as established by prior judgments.
Service rendered as daily wage employees must be counted towards qualifying service for pension, ensuring equal treatment under the law.
Pension – Work Charged Employees – Denying of pension after rendering service as work charged for number of years on the ground that they have not completed qualifying service can be said to be unfai....
Services rendered as a daily wager employee cannot be counted for pension/quantum of pension, but after regularization, the employee cannot be denied pension for not completing the qualifying service....
Work-charged service must be counted towards qualifying service for pension, ensuring equitable treatment of employees and compliance with constitutional principles.
Services rendered as muster roll employees are eligible for pension benefits under U.P. Retirement Benefit Rules, 1961, regardless of subsequent regularization dates.
Daily wage employees' service must be counted for pension eligibility, ensuring non-discriminatory treatment under retirement benefit regulations.
The main legal point established in the judgment is that the entire length of service from the date of initial appointment should be considered for the purposes of fixation of pensionary benefits.
Long-serving work charged employees have a right to regularization and pensionary benefits, and the government cannot deny these rights after decades of service based on claims of irregular appointme....
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