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S. N. PATHAK
Chandradeo Pandit – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S.N. Pathak, J.
Heard learned counsel for the parties.
2. Since in all these writ petitions, common question of facts and law are involved, therefore, they are being heard and decided by a common judgment and order.
3. Petitioners have approached this Court with a prayer for a direction upon the respondents to consider their cases for grant of pension after counting the services rendered by them as daily wagers from the date of their initial appointment.
4. As per the factual matrix, the petitioners were working as a daily wage employee detail whereof has been mentioned in the writ petition i.e. for the periods from 1979 to 2011 and later on regularized during the periods 2009 to 2011. Petitioners have already retired during the years 2014, 2015 and 2016. The State Government had issued one Circular on 18.06.1993 providing therein that the daily rated employees, if appointed prior to 01.08.1985 and have worked regularly for a period of 240 days, they will be given preference in the matter of appointment. Petitioners were working from the period prior to 01.08.1985 and have discharged their duties for a period of 240 days continuously and as such petitioners are entitled to be
Employees regularized from daily wage status are entitled to count prior service for pension eligibility, affirming pension as a right under constitutional law.
Continuous service of 40 years as a daily wager entitles the petitioner to pensionary benefits from the date of initial appointment, not from the date of regularization.
Daily wagers' service against unsanctioned posts counts towards pensionable service under MCS (Pension) Rules if regularized; pre-New Pension Scheme appointees entitled to Old Scheme despite later re....
Prior service as work-charged employees must be counted towards qualifying service for pension, ensuring compliance with principles of fairness and non-discrimination.
The main legal point established in the judgment is that the entire length of service from the date of initial appointment should be considered for the purposes of fixation of pensionary benefits.
Employees regularized after 01.01.2004 can still count pre-regularization service towards pension eligibility, ensuring equitable treatment under pension rules.
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.
Retiral benefits must be calculated from the date of initial appointment, not from the date of regularization, as established by precedents.
Under Rule 13 thereof, the service that qualifies for pension commences from the date the employee takes charge of the post to which he is appointed either substantively or in an officiating/temporar....
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