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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Ashok Kumar Jaswal – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. ad hoc service followed by regularization entitles pensionary benefits per prior judgment. (Para 2 , 3) |
| 2. debate on ad hoc as qualifying service under ccs pension rules; delay argued. (Para 4 , 5 , 6) |
| 3. pre-regularization service counts towards qualifying service, reading down rules. (Para 7) |
| 4. ad hoc service counts for increments and thus pension if followed by regular. (Para 8 , 9) |
| 5. long ad hoc service before regularization counts as qualifying service. (Para 10) |
| 6. rule 13: service from first post counts if followed by substantive appointment. (Para 11 , 12) |
| 7. direct counting of ad hoc service for revised pension and gratuity. (Para 13) |
JUDGMENT :
Sandeep Sharma, J.
Since common questions of facts as well as law are involved in all the above-captioned cases, this Court heard them together and the same are now being disposed of vide common judgment.
2. In nutshell, grouse of the petitioners, as has been highlighted in all the petitions and further canvassed by Mr. S.P. Chatterji, learned counsel for the petitioners, is that though in terms of judgment passed by Division Bench of this Court in CWPOA No.195 of 2019, titled as Sheela Devi Vs. State of H.P. and others
Ad hoc service followed by regularization counts as qualifying service for pension and gratuity under CCS (Pension) Rules, 1972, Rule 13, preventing discriminatory exclusion of prior service.
Once it is settled that the ad hoc service, which has been made basis of regularization, has been considered in catena of judgments and it has been held that the same is countable for reckoning the q....
The court held that ad-hoc service cannot be counted as qualifying for pension benefits under the New Pension Scheme, as the initial appointments were not made per the relevant rules.
Ad hoc services can be considered as qualifying service for pensionary benefits under Rule 25 of the Gujarat Civil Services (Pension) Rules, 2002.
Services rendered as a daily wager employee cannot be counted for pension/quantum of pension, but after regularization, the employee cannot be denied pension for not completing the qualifying service....
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