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2000 Supreme(Gau) 252
GAUHATI HIGH COURT
P.G.Agarwal, J.
Raimohan Sarkar -Appellant
Versus
State of Tripura -Respondent
Civil Rule No. 425 of 1996
Decided On : 28-07-2000
B.Bhattacharjee, J.Majumdar, B.B.Deb, U.B.Saha
The judgment established that pensionary benefits under specific rules were available to all similarly situated employees, regardless of the date of regularisation, as long as they retired after the effective date of the relevant memorandum.
Headnote:
Regularisation - Pensionary Benefits - Rules 1981 - Rule 5(1), Rule 5(2)
Fact of the Case:
The petitioner, a work charged employee, sought to count his period of service for pensionary benefits. The respondent argued that the benefits were meant only for employees transferred or absorbed by a specific memorandum.
Finding of the Court:
The court found that the language used in the rules implied that the benefits of Rule 5(1) and 5(2) were meant for all similarly situated work charged employees who were transferred, absorbed, or regularised prior to the memorandum's coming into force.
Issues: The main issue was whether the petitioner, who was regularised before the memorandum, was entitled to pensionary benefits under Rule 5(1) and 5(2).
Ratio Decidendi: The court held that the benefits were available to all employees regularised from the work charged department to the regular department, provided they retired on or after the memorandum's effective date.
Final Decision: The court directed the respondent to count the petitioner's work charged service for pensionary benefits and complete the process within three months.
2. The petitioner retired from service on 30.9.1995. On 20th October, 1981
the Govt of Tripura, Public Works Department issued the memoraodum No.F. 6
(28) PWD(E.11)/78(Annexure 7).
3. In view of the provisions contained in Rule 5(1) and 5 (2), the petitioner filed a representation praying for counting his period as a work charged for the purpose of retrial benefits. As the prayer was rejected by the concerned authority, the present writ petition has been filed for necessary relief.
4. The case of the respondent-State of Tripura is that the petitioner is not entitled to the benefits of clause 5(1) and 5 (2) of the above Rules as he was not a work charged employee on the date on which the Rules came into force and the benefits of Annexure 7 are meant for the work charged of the Public Works Department who were transferred and absorbed vide that memorandum only.
5.1 have heard Shri BB Deb, learned senior counsel for the petitioner and Shri UB Saha, learned Senior Government Advocate for the State of Tripura. 6. The relevant provisions of Rules are reproduced below :
“1. (1) These Rules may be called the Transfer of Work Charged to Regular
Establishment Rules, 1981.
2. They shall come into force at once.
2. (1) The employees of the work charged establishment in the Public Works Department specified in the Schedule attached to these Rules shall be transferred and absorbed in the corresponding posts to the regular establishment of the Tripura Public Works Department.
(2) The employees transferred from work charged establishment to the regular establishment under sub-rule (1) shall be entitled to draw pay and allowances at the same rates as were admissible to them immediately before transfer and absorption in the regular establishment and the date of increment will also remain the same.
3. On and from the date of commencement of these Rules no further recruitment of staff shall be made in the work charged establishment in respect of categories of posts specified in the Schedule to these Rules.
4. (1) All work charged employees coming over to the regular establishment under these Rules will be. eligible for quasi permanency strictly in accordance with the Rules applicable to the regular establishment in the Tripura Public Works Department and the continuous service rendered by an employee in the work charged establishment will count in this respect.
(2) The State Government may from time to time create such number of permanent posts as may be necessary for accommodating the transferred work charged employees in the regular establishment.
5. (1) The work charged staff transferred to the regular establishment shall be eligible for pension and gratuity and other pensionary benefits in accordance with the Pension Rules as are applicable to the employees of the regular establishment of the corresponding rank under the Government.
(2) The entire period of service in the work charged establishment shall court to the same extent as regular services for the purpose of pension, gratuity or any retrenchment or retirement benefit.
(3) A permanent work charged employee who does not become eligible for pension, gratuity or retirement benefit in the regular establishment, will be allowed to get pension under the Rules applicable to the work charged establishment as if he had continued to remain in the work charged establishment even after the date of his transfer to the regular establishment.”
7. From the above it is seen that the Rules have come its force at once i.e. on and from 20th October 1981. Further, the provisions of clause 2 (1), 2 (2), 3, 4 (1) and 4(2) were made for the employees transferred from work charged establishment to the regular charge establishment by virtue of the said memorandum/Ru
