Service rendered prior to regularization must be considered for pension eligibility, ensuring fairness in administrative decisions.

JUDGMENT & ORDER :

N. UNNI KRISHNAN NAIR, J.

Heard Mr. Sanjay Kr. Chetrii, learned counsel, and Mr. Uttam Deka, learned counsel, appearing on behalf of the petitioner. Also heard Ms. T. Wangmo, learned Government Advocate, appearing on behalf of respondents No. 1 & 4; and Mr. Ajin Apang, learned senior counsel, assisted by Ms. K.Loya, learned counsel, appearing on behalf of respondents No. 2 & 3.

2. By way of instituting the present proceeding, the petitioner has prayed for a direction upon the respondent authorities to allow him to proceed on voluntary retirement from service along with pension and pensionary benefits.

3. As projected in the writ petition, the petitioner, herein, was initially engaged as a Driver in the Office of the Chief Electoral Officer, Itanagar, vide order, dated 04.05.2001, in the scale of pay of Rs. 3050-4590/- p.m. plus other allowances as admissible from time to time. The petitioner was directed to draw his pay and allowances against a vacant post of Lower Division Clerk available in the Department. Thereafter, the petitioner was vide order, dated 10.04.2008, transferred against a vacant post of Driver w.e.f. 01.01.2008, with all consequential benefits. In the month of March, 2010; the petitioner was required to undergo a surgery and in view of the complications arising therefrom, he was not in a position to continue as a Driver in the said establishment. Accordingly, the petitioner requested the respondent authorities to accommodate him against any other post. The said request of the petitioner was accepted by the respondent authorities and he was regularized in his service against a post of Peon with retrospective effect i.e. w.e.f. 13.06.2001, vide issuance of an order, dated 21.02.2013. The petitioner, however, in terms of the said order, dated 21.02.2013, was held to be entitled to the financial benefits flowing to him on account of regularization of his service only w.e.f. 28.01.2013.

4. It is further projected in the petition that the health condition of the petitioner not permitting him to continue as a Peon; he, vide his representation, dated 25.07.2022, prayed for releasing him from his service on voluntary retirement basis w.e.f. 31.08.2022. The said representation of the petitioner for proceeding on voluntary retirement from service was considered by the respondent authorities and vide communication, dated 09.05.2023, issued by the Joint Chief Electoral Officer, Itanagar, informed the District Election Officer, Pasighat, that the petitioner having rendered only 9 years 7 months and 3 days of service on regular basis as on 31.08.2022; his representation for proceeding on voluntary retirement from service, cannot be accepted in-as-much as he has not completed the mandatory 20 years of service for the purpose. Being aggrieved, the petitioner has instituted the present proceeding before this Court.

5. Mr. Chetrii, learned counsel for the petitioner, by reiterating the facts as noticed hereinabove, has submitted that the order, dated 21.02.2023, regularizing the service of the petitioner against the post of Peon w.e.f. 13.06.2021, was subsequently modified by the respondent authorities vide issuance of an order, dated 29.05.2017, unilaterally, without any notice to the petitioner and his service was regularized w.e.f. 28.01.2013, prospectively, against the post of Peon.

6. Mr. Chetrii, learned counsel, has further submitted that the health condition of the petitioner not permitting him to continue with his service; the petitioner had submitted a representation, dated 25.07.2022, praying for permitting him to proceed on voluntary retirement from service w.e.f. 31.08.2022. The learned counsel has also submitted that the service of the petitioner having already been regularized w.e.f. 13.06.2001; he had the mandated service length of 20 years for the purpose of proceeding on voluntary retirement from service as of 31.08.2022. However, on account of the unilateral action on the part of the respondent au