Pension is a right earned for past services and should not be denied arbitrarily. It is a deferred payment for past services and is not a bounty or charity.

JUDGMENT :

Heard the parties.

2. In the instant writ petition, petitioner is praying for quashing part of order dated 18.09.2021, whereby though the services of petitioner has been regularized by the respondents but they have denied to count the past services for the purpose of consequential benefits.

Petitioner has further prayed for direction upon the respondents to issue a fresh order treating the past services rendered by the petitioner for the purpose of consequential benefits.

3. As per the facts of the case, the petitioner was appointed on the work-charge basis to the post of Keyman-cum-Chaukidar in the month of December, 1987 and subsequently, placed in the Work Charge Establishment of Public Health Engineering Department (now Drinking Water and Sanitation Department, Gonda, Ranchi), having pay-scale of Rs.5200-2020 GP 1800. It is the further case of petitioner that during his entire service tenure he worked to the full satisfaction of the respondent and no complaint whatsoever was ever made against him.

4. It is the further case of petitioner that on the basis of several notifications, issued from time to time by the Government, petitioner preferred representation for regularization of his services which was not adhered to. Being aggrieved, petitioner preferred writ petition being C.W.J.C. No. 2479 of 2000 (R) seeking direction upon the respondents to regularized his services and the said writ petition was disposed vide order dated 27.02.2002 with direction upon the respondent to consider the representation of the petitioner and pass appropriate order regarding regularizing the services of petitioner along with others. Pursuant thereto, the respondent-authorities constituted Establishment Committee for taking appropriate decision for regularization of services of petitioner along with others against the sanctioned and vacant post.

5. It is the further case of petitioner that though he was waiting for years together with a hope and trust that appropriate decision would be taken in the matter and his case would be considered for regularization but all went in vain as no decision was taken by the respondents. Thereafter, vide memo No. 5141 dated 31.12.2010 the respondent-authorities denied the prayer of petitioner for regularization of his services in the absence of vacant and sanctioned post at the particular point of time. Subsequently, the respondent-authorities vide memo No. 1209 dated 17.06.2020 considered the case of petitioner along with others and thereafter, vide order dated 23.03.2021 regularized the services of petitioner along with other similarly situated person. However, vide letter dated 31.08.2021, issued by the respondent-authorities it has erroneously averred that the actual monetary benefit in consequence of regularization will be paid from the date of confirmation in service and pay-level admissible to the petitioner would be at level-1. The decision taken vide letter dated 31.08.2021 has been approved by respondent No. 3 by virtue of office order dated 18.09.2021.

6. It is further submitted that petitioner preferred a representation dated 09.12.2021 requesting the respondent-authorities to consider his case and regularize his service from the date of his initial appointment i.e. from the year 1987 and provide pensionary benefits along with consequential benefits but the respondents have denied the same. Thereafter, on attaining the age of superannuation, the petitioner retired from his post.

However, though the petitioner superannuated and represented before the respondents but the respondents have not shown any sympathetic consideration to his said request. Hence, the petitioner has been constrained to knock the door of this Court.

7. Learned counsel appearing for the petitioner assiduously urges that petitioner is entitled for pensionary benefits in view of the fact that he has rendered almost 29 years of regular service and post retirement if he is granted nothing, it will be against the mandate of Pension