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2006 (1) JLJ 376
A.K. Shrivastava, J.
Surendra Kumar Chaturvedi v. State of M.P and others
Writ Petition No. 18633 of 2003;
Decided on 21.7.2005.
The case of the petitioner is that he was working as pump operator in the Water Resources Department of the State of Madhya Pradesh and was posted in Water Resources Sub-Division No.3 at Shahdol under respondent No.3. He was superannuated at the age of 60 years w.e.f. 31.8.2001. It has been put forth in the petition that the petitioner was initially appointed as pump operator on 1.10.1980 and he worked continuously till his superannuation, i.e., 31.8.2001. Thus, the petitioner has put nearby 20 years and 11 months of his service. The petitioner has filed Annexure P-l which is a gradation list dated 1.1.1984 in which the name of petitioner has been shown at serial No. 25 and in column No.6 which is a column of date of appointment, 1.10.1980 his date of appointment has been mentioned.
The post of pump operator in Water Resources Department is work charged establishment post. In that regard the petitioner has filed Annexure P-2. According to the petitioner, his service conditions are governed by M.P. Irrigation Department Work Charged and Contingency Paid Employees Recruitment and Conditions of Service Rules, 1977 (in short "the Rules of 1977"). The contingency paid employee has been defined under rule 2(b) of the Rules and according to which a contingency paid employee would mean a person employed for full time in an office or establishment and who is paid on monthly basis and whose pay is charged to office contingency employees who are employed for certain period only in the year.
According to the petitioner, his appointment on the post of pump operator was on full time basis and he was being paid wages on monthly basis which was from contingency funds of the department and, therefore, his services were governed by the Rules of 1977.
Learned counsel for the petitioner, by inviting my attention to rule 6(2)(c) of the Rules of 1977, has submitted that employees who are appointed after 1st January, 1974, on completion of 10 years of contingency service by them become eligible for the status of permanent work charged contingency paid employee. [Paras 3 to 6
According to learned counsel, even if the qualifying service of 15 years as envisaged under rule 2(c) of the Rules of 1979 is made applicable then also petitioner has become entitled for the pension, since he was appointed on 1.10.1980 as it appears from the gradation list dated 1.1. 1984 (Annexure P-l ). On these premised submissions it has been contended by learned counsel for the petitioner that the impugned order Annexure P-12 dated 23.8.2001 informing the petitioner that he is not entitled for the pension, is contrary to the law and respondents be directed to give benefit of pension to the petitioner. [Para 8
Held: Since the petitioner acquired the status of permanent work charged contingency paid employee and was a permanent employee in terms of rules 6(1) and 2(c) of the Rules of 1977 and he had already completed more than 10 years of his service under the work charged establishment, therefore, under the Pension Rules of 1979 he is entitled for the pension, as he retired on 27.8.2001. The order of respondent No.3 directing and intimating the petitioner that he is not entitled for the pension vide Annexure P-12 dated 23.8.2001 is, accordingly, quashed. 1995 Supp.(3) SCC 67 fo11owed. [Para 16
¼1½ ¼dk;ZHkkfjr rFkk vkdfLedrk ls osru ikus okys deZpkjh½ osru iqujh{k.k fu;e] 1979 ¼e-ç-½& &fu-2 ¼x½& &e-ç- flapkbZ foHkkx dk;ZHkkfjr rFkk vkdfLedrk ls osru ikus okys deZpkfj;ksa dh HkrhZ rFkk lsok dh ‘krs± fu;e] 1977& &fu-2 ¼[k½] 6¼1½ rFkk 6 ¼2½¼x½& &lu~ 1977 ds fu;eksa ds fu;e 6 ¼1½ rFkk 2¼x½ esa fuca/kukuqlkj LFkk;h dk;ZHkkfjr vkdfLedrk ls osru ikus okys deZpkjh dh gSfl;r vftZr& &deZpkjh lu~ 1979 ds fu;eksa ds v/khu isa‘ku dk gdnkj gSA
;kph dk i{kdFku gS fd og e/;çns‘k jkT; ds ty lalk/ku foHkkx esa iai vkijsVj ds :i esa dk;Zjr Fkk rFkk ‘kgMksy esa ty lalk/ku mi[kaM Ø-3 esa çR;FkhZ Ø-3 ds v/khu rSukr FkkA mls 31-8-2001 dks 60 o"kZ dh vk;q esa lsokfuo`Ùk fd;k x;kA ;kfpdk esa dgk x;k gS fd ;kph çkjaHk esa 1-10-1980 dks iai vkijsVj fu;qDr fd;k x;k Fkk rFkk mlus viuh vf/kof"kZrk vFkkZr~ 31-8-2001 rd fujarj dk;Z fd;kA bl çdkj ;kph us yxHkx 20 o"kZ vkSj 11 ekl dh lsok dh gSA ;kph us mikca/k ih&1 Qkby fd;k gS tks inØe lwph fnukad 1-1-1984 gS] ftlesa ;kph dk uke Øekad 25 ij n‘kkZ;k x;k gS rFkk LraHk Ø-6 esa tks fu;qfDr ds fnukad dk LraHk gS] mldh fu;qfDr dk fnukad 1-10-1980 mfYyf[kr fd;k x;k gSA
ty lalk/ku foHkkx esa iai vkijsVj dk in dk;ZHkkfjr LFkkiuk in gSA bl laca/k esa ;kph us mikca/k ih&2 Qkby fd;k gSA ;kph ds vuqlkj] mldh lsok e-ç- flapkbZ foHkkx dk;ZHkkfjr rFkk vkdfLedrk ls osru ikus okys deZpkfj;ksa dh HkrhZ rFkk lsok dh ‘krsZ fu;e] 1977 ¼la{ksi esa lu~ 1977 ds fu;e½ }kjk fofu;fer gSA vkdfLedrk ls osru ikus okyk deZpkjh fu;eksa ds fu;e 2¼[k½ esa ifjHkkf"kr fd;k x;k gS ftlds vuqlkj] vkdfLedrk ls osru ikus okys deZpkjh dk vFkZ gS fdlh dk;kZy; ;k LFkkiuk esa iw.kZdkfyd fu;ksftr O;fDr ftls ekfld vk/kkj ij osru fn;k tkrk gS rFkk ftlds osru dk çHkkj dk;kZy; vkdfLedrk fuf/k ij gksrk gS] blesa og deZpkjh vioftZr gS ftUgsa o"kZ esa dsoy ,d fuf‘pr vof/k ds fy, fu;ksftr fd;k tkrk gSA
;kph ds vuqlkj] iai vkijsVj ds in ij mldh fu;qfDr iw.kZdkfyd vk/kkj ij Fkh rFkk mls etnwjh ekfld vk/kkj ij lanÙk dh tk jgh Fkh tks foHkkx dh vkdfLedrk fuf/k esa ls nh tk jgh Fkh] blfy, mldh lsok lu~ 1977 ds fu;eksa ls fofu;fer gSA
;kph ds fo}ku dkmUlsy us lu~ 1977 ds fu;e 6¼2½¼x½ dh vksj esjk /;ku vkdf"kZr ij fuosnu fd;k gS fd tks deZpkjh 1 tuojh 1974 ds i‘pkr fu;qDr fd, x, gSa og muds }kjk 10 o"kZ dh vkdfLedrk lsok iw.kZ fd, tkus ij LFkk;h dk;ZHkkfjr vkdfLedrk ls osru ikus okys deZpkjh dh gSfl;r ds ik= gks tkrs gSaA ¼iSjk 3 ls 6½
fo}ku dkmUlsy ds vuqlkj] ;fn lu~ 1979 ds fu;eksa ds fu;e 2¼x½ ds v/khu ;Fkk ifjdfYir 15 o"kZ dh vgZd lsok ykxw dh tk, rc Hkh ;kph isa‘ku dk gdnkj gks x;k gS D;ksafd og 1-10-1980 dks fu;qDr fd;k x;k Fkk tSlk inØe lwph fnukad 1-1-1984 ¼mikca/k ih&1½ ls çdV gSA bu vk/kkjksa ij fd, x, fuosnuksa ij ;kph ds fo}ku dkmUlsy us ladFku fd;k gS fd ;kph dks ;g bfÙkyk nsus dk fd os isa‘ku dk gdnkj ugha gS] vkf{kIr vkns‘k fnukad 23-8-2001 mikca/k ih&12] fof/k ds foijhr gS rFkk çR;FkhZx.k dks funs‘k fn;k tk, fd og ;kph dks isa‘ku dh çlqfo/kk nsaA
vfHkfu/kkZfjr % D;ksafd ;kph us LFkk;h dk;ZHkkfjr vkdfLedrk ls osru ikus okys deZpkjh dh gSfl;r vftZr dj yh gS rFkk og lu~ 1977 ds fu;eksa ds fu;e 6¼x½ vkSj 2¼x½ ds fuca/kukuqlkj LFkk;h deZpkjh Fkk vkSj mlds dk;ZHkkfjr LFkkiuk ds v/khu viuh lsok ds 10 o"kZ iw.kZ dj fy, Fks blfy, lu~ 1979 ds isa‘ku fu;eksa ds v/khu og isa‘ku dk gdnkj gS D;ksafd og 27-8-2001 dks lsokfuo`Ùk gqvk gSA çR;FkhZ Ø-3 dk ;kph dks mikca/k ih&12 fnukad 23-8-2001 }kjk ;g funs‘k vkSj çKkiuk nsus dk vkns‘k fd og isa‘ku dk gdnkj ugha gS] rnuqlkj vfHk[kafMr fd;k tkrk gSA 1995 lIyh- ¼3½ ,l lh lh 67 vuqlfjrA ¼iSjk 16½
¼2½ Hkkjr dk lafo/kku& &vuq-226& &;kfpdk esa vfHkopu& &fofufnZ"V çR;k[;ku ugha fd;k x;k& &Lohdkj fd, x, le>s tk,¡xsA , vkb vkj 1993 ,l lh 2592 rFkk , vkb vkj 1988 ,l lh 2181 vuqlfjrA ¼iSjk 10 ,oa 12½
1. This petition was originally filed before the State Administrative Tribunal, Jabalpur on 10.12.2001, however, on account of abolition of the Tribunal, this petition has been received by this Court for its adjudication.
2. By this petition, the petitioner is seeking relief for quashment of order dated 23.8.2001 (Annexure A-12) with a further direction to the respondents to pay full pension, gratuity and other retiral benefits to the petitioner with interest at the rate of 18% per annum.
3. In brief, the case of the petitioner is that he was working as pump operator in the Water Resources Department of the State of Madhya Pradesh and was posted in Water Resources Sub-Division No.3 at Shahdol under respondent No.3. He was superannuated at the age of 60 years w.e.f. 31.8.2001. It has been put forth in the petition that the petitioner was initially appointed as pump operator on 1.10.1980 and he worked continuously till his superannuation, i.e., 31.8.2001. Thus, the petitioner has put nearby 20 years and 11 months of his service. The petitioner has filed Annexure P-l which is a gradation list dated 1.1.1984 in which the name of petitioner has been shown at serial No. 25 and in column No.6 which is a column of date of appointment, 1.10.1980 his date of appointment has been mentioned.
4. The post of pump operator in Water Resources Department is work charged establishment post. In that regard the petitioner has filed Annexure P-2. According to the petitioner, his service conditions are governed by M.P. Irrigation Department Work Charged and Contingency Paid Employees Recruitment and Conditions of Service Rules, 1977 (in short "the Rules of 1977"). The contingency paid employee has been defined under rule 2(b) of the Rules and according to which a contingency paid employee would mean a person employed for full time in an office or establishment and who is paid on monthly basis and whose pay is charged to office contingency employees who are employed for certain period only in the year.
5. According to the petitioner, his appointment on the post of pump operator was on full time basis and he was being paid wages on monthly basis which was from contingency funds of the department and, therefore, his services were governed by the Rules of 1977.
6. Learned counsel for the petitioner, by inviting my attention to rule 6(2)(c) of the Rules of 1977 has submitted that employees who are appointed after 1st January, 1974 on completion of 10 years of contingency service by them become eligible for the status of permanent work charged contingency paid employee. Since the petitioner had worked for more than 20 years, in terms of rule 6(2)(c) of the Rules of 1977, he had become permanent work charged contingency paid employee in October, 1990. It has also been put forth by learned counsel for the petitioner that the petitioner does qualify the requisite qualifications for the appointment on the post of pump operator as given in Schedule-II of the Revision of Pay Rules, 1984, since he was possessing qualification of High School fail, i.e., 9th class pass and he had trained from ITI, Rewa. The requisite qualification for pump operator is 8th class pass and one year training certificate from ITI. In this regard, my attention has been drawn to Annexure P-6 which is a Schedule attached to the Rules of 1977.
7. It has been further contended by learned counsel for the petitioner that General Administration Department of the State Government issued a circular dated 15.1.1985 (Annexure A-7) for regularisation of daily wages employees. The contention of learned counsel is that in consequence to Annexure P-7 vide order dated 7.3.1986 (Annexure A-8) 5879 additional posts were created out of which 67 posts were of pump operator the State Government issued another circular dated 9.10.1990 (Annexure P-9) whereby the entire process of regularisation was to be completed latest by 31.12.1987. The contention of Shri Pathak, learned counsel is that if the respondents
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