Past services rendered by employees as Paid Managers must be recognized for pension and ACP/MACP benefits post-absorption into government service.

JUDGMENT :

Deepak Roshan, J.

Heard learned counsel for the parties.

2. The present batch of writ petitions have been filed praying for a direction upon the respondents to count the past services in continuity, in respect to the period that the petitioners have rendered as Paid Manager in the Central Co-operative Bank, before they were absorbed in the Government service on Class-III Posts, for the purpose of making payment of the benefits of ACP / MACP Schemes.

Further prayer has been made to modify the fixation of pension on the basis of improved salary and last pay drawn. The petitioners have also claimed for payment of arrears of pensionary benefits.

3. All these matters are arising from the identical facts and the petitioners in all the cases have prayed for identical reliefs. The pleading in all these writ petitions as well as counter affidavits are same and similar; accordingly, with consent of the parties, all these writ petitions were heard together and disposed of by this common order.

4. The brief facts are that the petitioners were appointed initially as Paid Managers in different Central Co-operative Banks of the State of Jharkhand on different dates; from the year 1975-1985. Thereafter, they raised a plea to absorb them in regular establishment of the Government Service. Pursuant to this, all the petitioners, working as Paid Managers participated in the selection process and were found fit. As a result, the petitioners were selected and absorbed in the Class-III Posts of the Government of Jharkhand, in the year 2003. Thereafter, they rendered their services and superannuated on different dates in the year 2009-10.

After their retirement, they raised claim with the Government that their past services, i.e. prior to absorption should be counted, for the payment of pensionary benefits, accordingly they should be found eligible for grant of pension on counting of cumulative period of service rendered by them, including the period prior to the date of absorption. Their claim was rejected by the respondents.

Thereafter, several writ petitions were filed which were allowed and the rejection order was set aside and quashed. Further, in the intra court appeal the Court directed the State Government to formulate a policy, without interfering with the observations given the Learned Single Judge. Thereafter, a policy was framed but petitioners were not granted the benefit of MACP and ACP, hence these writ petitions have been filed.

5. Learned Counsel for the petitioners submit that the respondents by passing of a reasoned order, denied the claim of the petitioners stating that the period prior to absorption is a period when the petitioners have rendered as Paid Managers in the Central Co-operative Bank. They stated that this period is not a period to be categorized as that of Government Service, as the post of Paid Manager is not a Government sanctioned post. In that view of the matter, the claim of the petitioners was denied by the respondent-State (Department).

He further submits that against the rejection order, several writ petitions were filed, which were heard and decided together. The writ petitions were allowed and the order of rejection dated 07.03.2014 was quashed and set aside and a direction was issued to the respondents to consider the matter afresh, taking into account the observations made by the Court, within specified period.

He further submits that the intra court appeal preferred by the government against the judgment of writ court was dismissed and the Division Bench of this Court directed the State Government to formulate a policy, without interfering with the observations of the Learned Single Judge.

He lastly submits that when the respondents have considered their past services as valid, then there is no logic in denying the same services, which has been considered as to be good and substantive for grant of pension and to be not good and substantive for grant of ACP / MACP benefits.

6. Learned counsel for the respond