Temporary service may be counted towards qualifying service for pension eligibility, emphasizing continuous service acknowledgment under relevant pension rules.

JUDGMENT :

Madhuresh Prasad, J.

1. The husband of the petitioner No. 1 was the applicant before the West Bengal State Administrative Tribunal (hereinafter referred to as the Tribunal in short) in O.A No.375 of 2017 and thereafter the writ petitioner before this Court. He has since been substituted by the present writ petitioners. We will refer to the original applicant/ writ petitioner as the petitioner, hereafter. The petitioner filed the Original Application with a prayer for setting aside an order dated 22.04.2016, issued by the Indian Audit and Accounts Department under the signature of theSenior Accounts Officer. By the said order the Senior Accounts Officer conveyed the decision that the petitioner had qualifying service (1 year 5 months and 15 days) from 16.01.2009 to 30.06.2010. The petitioner’s claim for pension was thus found to be inadmissible since he was not having requisite qualifying service (10 years) for grant of any pensionary benefits. By the self-same order dated 22.04.2016, the Senior Accounts Officer has recorded the fact of release of the petitioner’s Service gratuity vide Payment Order dated Pen-XII/133272. The petitioner put to challenge this order dated 22.04.2016, in the Original Application and prayed for grant of retiral benefits including pension in acknowledgement of the period of temporary services rendered by the petitioners since 1975, treating him to be in substantive permanent service with effect from 01.01. 2002, in terms of the order dated 26.09.2001 passed on petitioner’s earlier O.A. No.876 of 1998.

2. The Tribunal rejected the petitioner’s original application by an order dated 04.04.2024, which the petitioners challenged in the present writ petition.

3. The applicant before the Tribunal, since deceased, joined as DDT spray worker in the year 1975, he was working in the Office of the Deputy Chief Medical Officer of Health-II, Midnapur (DCMO for short). The petitioner along with others filed O.A No.876 of 1998 seeking a relief of appointment by way of regularization of their services. After hearing the parties, the Tribunal passed an order on 26.09.2001, directing the authorities to give appointment to the petitioner strictly in accordance with seniority of claim as per serial.

4. The writ petition bearing no. WPST 1284 of 2001 filed by the Government of West Bengal challenging the Tribunal’s order, was dismissed by the Coordinate Bench on 13.07.2005. The State Government preferred an SLP before the Apex Court. The Special Leave to Appeal (Civil) No. 2481 of 2007 filed by the State Government was dismissed on 19.09.2008.

5. The fruits of the decade long litigation were made available to the petitioner by appointing him as a regular employee on 16.01.2009. The petitioner, upon attaining the age of superannuation retired on 30.06.2010. He thereafter, approached the authority for release of pensionary benefits, which was rejected on 22.04.2016.

6. The issue, arising for consideration is whether the petitioner is entitled to counting of services beyond the period of 1 year, 5 months and 15 days, for the purposes of qualifying service for grant of pensionary benefits.

7. We are, therefore, required to consider whether discharge of duty for decades as a temporary/seasonal worker as DDT Spray Worker, i.e. from 1975 till 2009, prior to his regul