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IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR
Rajni Kant Arun S/o Late Krishna Kant Prasad – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
HARISH KUMAR, J.
1. This Court has heard Ms. Supragya, learned Advocate for the petitioner and Mr. Abhishek Singh, learned Advocate for the State.
2. The petitioner, who superannuated on 31.12.2022, as a Member of Mode Mandali from the Department of Information and Public Relation, Government of Bihar has approached this Court seeking a direction upon the respondents concerned to count his services from the date of his joining, i.e., 26.05.1992, till the date of his superannuation on 31.12.2022, for the purposes of payment of pension and other terminal benefits, such as gratuity, leave encashment, provident fund etc. The petitioner is also aggrieved with the letter dated 18.07.2023, the copy of which is marked as Annexure-4 to the writ petition, whereby the concerned respondent has held the petitioner not entitle for pension, in view of Rule 58 and 61 of the BIHAR PENSION RULES , 1950 (hereinafter referred to as, “Rules, 1950”).
3. The necessary facts as culled out from the materials available on record, in brief, are as follows:
(i) The petitioner was duly appointed as a member of Mode Mandali Yatra Party (Entertainment Group) on ad hoc basis for six months vide office ord
Continuous service and regularization can establish entitlement to pension, overriding initial non-permanent employment status.
Point of Law : Disqualification under Rule 31 of the 1969 Pension Rules would not be applicable to the case of the petitioner.
Continuous service of 40 years as a daily wager entitles the petitioner to pensionary benefits from the date of initial appointment, not from the date of regularization.
Inaction by the State in not regularizing long-serving employees cannot deprive them of valid pension benefits under existing rules, irrespective of completed qualifying service requirements.
State delays in regularizing services do not justify withholding pension benefits for long-serving employees; equal treatment and fair engagement practices must be upheld.
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