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A. S. SUPEHIA, MAUNA M. BHATT
Pratibha C. Chaudhary W/o Chandrashekhar Prakash Chaudhary – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. The present Letters Patent Appeal under Clause 15 of the Letters Patent, 1865, is directed against the judgement and order dated 14.08.2017 passed by the learned Single Judge in Special Civil Application No.11453 of 2006, whereby the learned Single Judge has rejected the writ petition filed by the appellant claiming the family pension.
2. Brief facts, emanates from the record, are as under:
The appellant – original petitioner is a widow of Dr.Chandrashekhar Prakash Chaudhary, who was appointed on ad hoc basis vide order dated 05.06.1996 on pay scale of Rs.2200-4000/- as Class-II Medical Officer. He passed away on 10.03.2003 while in service. Subsequently, after his appointment, his pay-scale was revised to Rs.8000-275-13500 with effect from 01.01.1996 i.e. from the date of his initial appointment i.e. 01.08.1996. This pay-scale was confirmed under the Gujarat Civil Services (Revision of Pay) Rules, 1998. The services of the husband of the appellant from 01.08.1996 to 10.03.2003 has been authorized by the Government in consultation with the Gujarat Public Service Commission vide order dated 14.05.2004. Consequential order was passed by the Additional Direc
Ad hoc service can qualify for family pension if the employee has completed over five years of service, as per the Gujarat Civil Services (Pension) Rules, 2002.
Ad-hoc service can qualify for pension benefits under the Gujarat Civil Services (Pension) Rules, 2002, if the service is continuous and in a sanctioned post.
Ad hoc services can be considered as qualifying service for pensionary benefits under Rule 25 of the Gujarat Civil Services (Pension) Rules, 2002.
The judgment established that the nature of an employee's appointment and the regulations governing qualifying service for pension benefits are crucial in determining entitlement to family pension.
Daily wage employment does not qualify for pension benefits under the U.P. Retirement Benefits Rules, as it lacks the necessary substantive and permanent status.
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.
Once it is settled that the ad hoc service, which has been made basis of regularization, has been considered in catena of judgments and it has been held that the same is countable for reckoning the q....
petitioner has rendered qualifying pensionery service with effect from the date of his initial joining in the department in question, so the same shall be treated as service qualifying for pension an....
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