The petitioner was engaged on daily wages on 1.12.1977. He continued to work full time on monthly basis and his pay was charged to "office contingency". He was regularised on the post of Amin vide order dated 11.5.1994. Petitioner petered on attaining the age of superannuation on 30th June 2000. After retirement petitioner applied for grant of pension. Pension was rejected on the ground that petitioner has not completed qualifying service to receive the pension. Petitioner filed an application before M.P. State Administrative Tribunal challenging the order of State Government refusing to sanction the pension.

Tribunal held that after regularisation of petitioner in the year 1994, his services started from the year 1994 and when a member of contingency and work charged employee, who has completed at least six years service is regularised without any break on a pensionable post, then his services rendered in work charged and contingency paid services shall be counted as qualifying service for pension. Tribunal held that since six years have not been completed by the petitioner after regularisation, he is not eligible for pension.

Rules known as Madhya Pradesh I