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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Panch Ram – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petitioner's continuous 20-year service history. (Para 1 , 3) |
| 2. appointment temporary, not secondment; period limited. (Para 4) |
| 3. petitioner entitled to pension from superannuation. (Para 5) |
Petitioner, presently aged 63 years, retired on 31.10.2022 after rendering about twenty years of service in the respondent-Technical Education Department. Prior to that, he had also served the State Forest Corporation for about twelve years on daily wage basis. The respondents have declined to grant him pension, hence, the grievances.
2. Heard learned counsel for the parties and considered the case file.
3. The case.
3(i) Petitioner was engaged on daily wage basis in the State Forest Corporation during the year 1990. He continued to serve the State Forest Corporation. It appears that in the year 2002, petitioner, alongwith some other daily wage workers, was declared as surplus. In view of the orders passed by respondent No.1 (Principal Secretary Technical Education, State of Himachal Pradesh) on 20.07.2002 and by the State Forest Corporation on 24.08.2002, petitioner was appointed in the respondent-Technical Education Department under office memo
Temporary service against substantive government post, continued without interruption or repatriation beyond limited secondment period, counts fully as qualifying service for pension under CCS Pensio....
Temporary service may be counted towards qualifying service for pension eligibility, emphasizing continuous service acknowledgment under relevant pension rules.
A petitioner is not entitled to pension as his accumulated service does not meet the required 10 years qualifying service, reaffirming the pension rules limiting recognition of temporary service to 5....
Point of Law : A person cannot be deprived of this pension without the authority of law, which is the Constitutional mandate enshrined in Article 300 A of the Constitution.
The court ruled that the entire service of the petitioner from 1979 to 2015 must be considered for pension calculation, subject to the deposit of management contributions, as earlier cut-off dates we....
An officiating principal with requisite qualifications and long service is entitled to pension benefits, regardless of the nature of their appointment.
Pension on premature/voluntary retirement requires 20 years qualifying service per amended rules; shorter service ineligible unless government relaxes for undue hardship or grants weightage for prior....
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