Temporary service against substantive government post, continued without interruption or repatriation beyond limited secondment period, counts fully as qualifying service for pension under CCS Pension Rules.

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 dated 09.09.2002 (Annexure P-1).

3(ii) In terms of office memo dated 09.09.2002, petitioner was appointed as Chowkidar on temporary basis in ITI Shillai in the pay scale of Rs.2640-3120 alongwith all allowances released by the State of Himachal Pradesh. Services of the petitioner were to remain on probation for two years from the date of taking over the charge of the post. Petitioner was to join his duties by 16.09.2002.

3(iii) Petitioner was relieved from the State Forest Corporation on 16.09.2002, the same day he joined the duties in the respondent-Technical Education Department.

3(iv) Petitioner retired from service on attaining the age of superannuation on 31.10.2022. He had rendered more than twenty years’ of service in the respondent-Technical Education Department. He has not been paid pension.

The substantive relief prayed by the petitioner reads as under:-

“(i) That the respondents may be ordered to pay pension to the petitioner w.e.f. the date he was retired from service, with all consequential benefits.”

3(v) Respondents have justified denying pension to the petitioner on the ground that petitioner had served with them on secondment basis w.e.f. 16.09.2002 to 12.05.2017. According to the respondents, petitioner was permanently absorbed and made regular employee in the respondent- Technical Education Department only on 13.05.2017. Petitioner had served on regular basis w.e.f. 13.05.2017 to 31.10.2022. His regular service fell short of requisite ten years of qualifying service for purpose of pension, hence, pension was not released to the petitioner.

In support of above stand, learned Deputy Advocate General also invited attention to an office order dated 25.03.2003 (Annexure R/2), relevant portion of the order reads as under:-

“OFFICE ORDER

In the supersession of this office letter no. 3007-09 dated 9.9.2002 the services Shri Panch Ram, Chowkidar working in the office of the Divisional Manager, H.P. State Forest corporation Ltd. Forest Working division, Nahan are hereby requisitioned on secondment basis in the Department of Technical Education Vocational & Industrial Training, H.P. Sundernagar at Industrial Training Institute, Shillai against the post of Peon on the following terms and conditions:

1. PERIOD OF SECONDMENT

The period of secondment shall be one year commencing from the date of relieving of the official from the parent department and shall further be extended for a period of one year on the request of the borrowing organization no extension in the period of Secondment shall be permissible beyond the period of three year. However the undersigned reserve the right to terminate his secondment without assigning any reason.

2. PAY

During the period of secondment Sh. Panch Ram will draw the pay of the post held by him in the parent department. He