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.

ORDER :

1. This appeal under Clause 15 of the Letters Patent is directed against the judgment dated 04.01.2024 in Special Civil Application No. 15235 of 2021, wherein the learned Single Judge has allowed the petition directing the appellants to pay to the respondent compensation pension and other corresponding retirement benefits based on the qualifying services put in by her within a period of 8 weeks from the date of receipt of the order. It is further directed that the appellant shall also pay the arrears of pension and other retirement benefits to the respondent from the date of her discharge within the period directed.

2. The facts in brief emanating from the record are as under:

The respondent was appointed to the post of lecturer at K.D. Polytechnic, Patan on 27.08.1997 which is the Government polytechnic after due process of selection pursuant to the advertisement issued by the appellant. The said appointment was made by the State Government on sanctioned vacant post on the regular pay scale in the cadre of lecturer Class-II in Gujarat Education Service. The appointment of respondent was on adhoc basis till the regularly selected candidates through Gujarat Public Service Commission was available or till 11 months whichever was earlier. Admittedly, after appointment, she continued to serve the appellant for a period of more than 23 years without any break. The appellant authorities thereafter passed an order dated 08.03.2021 discharging the respondent from service. Pursuant to the order dated 08.03.2021, discharging the respondent from service, she came to be relived from service on 02.08.2021. Upon order dated 08.03.2021 and 02.08.2021, the respondent made detailed representations on 20.04.2021, 23.06.2021 and 02.08.2021 with a request to grant her retirement benefits such as pension and gratuity. Aggrieved by non-action of the appellant for release of pension and other retiral benefits, a petition was preferred wherein, the learned Single Judge directed the appellant to pay the compensation pension and other corresponding retirement benefits based on qualifying service put in by the respondent. It is also directed that the service rendered by the respondent on adhoc basis shall be counted for qualifying service and for calculating the retiral benefits. The arrears of pension and other retiral benefits shall be directed to be paid from the date of her discharge order dated 08.03.2021. Aggrieved by the order dated 04.01.2024 passed by the learned Single Judge in the captioned writ petition, State has filed this appeal.

3. Learned Assistant Government Pleader Ms. Shruti Dhruve for the appellant-State submitted that since the respondent has rendered her service on adhoc basis, she would not be entitled for benefit of family pension.

4. On the other hand, learned advocate for the respondent-original petitioner submitted that the employee who was working on adhoc basis is entitled for family pension, as per Rule 25 of the Gujarat Civil Services (Pension) Rules, 2002 (for short ‘the Rules’). In support of her submissions, she has relied upon the judgment dated 07.05.2019 passed in Special Civil Application No. 19042 of 2017 and also on the order dated 18.10.2019 passed in Special Civil Application No. 20185 of 2018, which has been confirmed up to the Apex Court. She has further submitted that as per the Family Pension Rules and as per the Government Resolution dated 11.05.1990, if an employee before his death has completed 5 years’ service, is entitled for family pension and since the respondent had completed more than 5 years of service, she would be entitled to the family pension. Thus, it is urged that no interference is called for in the order of Learned Single Judge.

5. Having heard learned advocates for the respective parties, it is noticed that the respondent completed approximately 23 years of service with the appellant-State as an adhoc lecturer and since her services were discontinued, the same was subject matter of chal