Interpretation of Government Order to determine entitlement to retiral benefits for temporary employees.

J.S. Khehar, C.J, (Oral) :

The respondent remained employed as a Driver in the Army Service Corps (Military Transport) from 7.11.1962 to 20.4.1969.

2. After his discharge from Army serv­ice, according to the learned counsel for the appellants, the respondent was inducted as a Driver in the Department of Irrigation on work charge basis with effect from 4.10.1977. He continued to render service as such till 27.5.1995. According to the learned counsel for the appellants, on 27.5.1995 the respondent was brought on the regular establishment. While on the regular establishment, the respondent re­tired on attaining the age of superannua­tion on 31.5.2000.

3. Based on the facts depicted in the foregoing paragraph, the respondent ap­proached this Court by filing Writ Petition (S/S) No. 843 of 2003 seeking retiral ben­efits. A learned Single Judge of this Court allowed the aforesaid Writ Petition on 24.7.2008.

4. Through the instant special appeal, the appellants have assailed the order passed by the learned Single Judge on 24.7.2008 disposing of Writ Petition (S/S) No. 843 of 2003.

5. The solitary contention advanced by the learned counsel for the appellants is based on a Government Order issued by the composite State of Uttar Pradesh dated 1.7.1989. Relevant part of the aforesaid order is being reproduced hereunder:-

@ Hindi @

Based on the extracted part of the or­der dated 1.7.1989, it is the vehement con­tention of the learned counsel for the ap­pellants, that the respondent had not ren­dered 10 years' service on the regular es­tablishment, and as such, was not entitled to retiral benefits. According to the learned counsel for the appellants, the service ren­dered by the respondent from 27.5.1995 to 31.5.2000 alone was liable to be taken into consideration for the release of the retiral benefits to the respondent.

6. We have considered the solitary con­tention of the learned counsel for the ap­pellants. It is not possible for us to accept the interpretation placed by the learned counsel for the appellants on the Govern­ment Order dated 1.7.1989. Not only the subject of the aforesaid Government Or­der, but also, paragraph 1 thereof is clear and unambiguous to the effect that the aforesaid Government Order is applicable for grant/release of retiral benefits includ­ing pension to temporary employees, who were not regular prior to attaining the age of superannuation. It is, therefore, appar­ent that temporary service rendered by an employee under the aforesaid Government Order dated 1.7.1989 was liable to be taken into consideration while determin­ing the right of an employee to pensioners and other post retiral benefits. Thus viewed, it is apparent that the service ren­dered by the respondent from 4.10.1977 to 31.5.2000 had to be taken into consid­eration to determine whether or not the respondent was entitled to retiral benefits. A perusal of paragraph 2 of the Govern­ment Order dated 1.7.1989 leaves no manner of doubt, in our mind, that a tem­porary employee who had rendered more than 10 years' service, is entitled to pensionary benefits. The facts narrated hereinabove reveal that the respondent had indeed rendered more than 10 years' of service on a temporary basis prior to at­taining the age of superannuation on 31.5.2000. Thus viewed, we are satisfied that the respondent was entitled to retiral benefits including pension under the Gov­ernment Order dated 1.7.1989.

7. For the reasons recorded hereinabove, we find no infirmity in the order passed by the learned Single Judge dated 24.7.2008 disposing of Writ Petition (S/S) No. 843 of 2003. Accordingly we find no merit in the instant special appeal and the same is hereby dismissed.

8. Since the respondent was entitled to pensionary benefits when he attained the age of superannuation on 31.5.2000 and since he has been wrongly deprived of the same over the last decade, we con­sider it just and appropriate to direct the appellants to pay the respondent all remaining retiral benefits, including pen

Click Here to Read the rest of this document