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HIGH COURT OF MEGHALAYA
Mr. Justice I.P. Mukerji, CJ, Mr. Justice W. Diengdoh, J
STATE OF MEGHALAYA – Appellant
Versus
UTTORA G. SANGMA – Respondent
JUDGMENT :
I.P. Mukerji, C.J.
1.This is the case of a former government teacher wanting post service retiral benefits as paid to regular teachers by the State. She served from 21st July, 1989 till about 2nd February, 2023. It is indeed a long stint of about 34 years. The contention of the State is that she was never a regular employee, being appointed ad hoc and continuing on a temporary and contractual post, thus disentitled to any post service benefits.
2. Being aggrieved she filed the instant writ petition in this Court [WP (C) No.82 of 2023]. A learned single judge by the impugned judgment and order dated 14th June, 2024, allowed the writ petition by directing all retiral benefits including pension under the Meghalaya Civil Services (Pension) Rules, 1983 to the writ petitioner.
3. The State is in appeal before us.
4. Before proceeding further in the matter, narration of facts is necessary.
5. By a government order dated 21st July, 1989, the respondent was appointed on an “ad hoc basis” as an Assistant teacher by the Inspector of Schools, West Garo Hills.
6. By an order dated 1st September, 1998 made by the Inspector of Schools, the service of the respondent was regularised from 28th O
The court affirmed that the resignation of a regularized employee should be treated as voluntary retirement, entitling her to pension and retiral benefits under the applicable rules.
Over 20 years continuous temporary service as qualified teacher entitles regularization and full retirement benefits despite no vacancies, as authorities must absorb or create posts per policy; denia....
The petitioners cannot claim regularization of their services from the date of initial appointment and were entitled to count only half of their service rendered in consolidated pay posts for pension....
Uninterrupted service, regardless of initial temporary status, qualifies for pension benefits under the Old Pension Scheme, and administrative delays in regularization cannot deprive employees of the....
The court established that a teacher's continuous absence for five years leads to deemed abandonment of service, allowing for regularisation under specific provisions of the Act.
Continuous service in a sanctioned post qualifies for pension benefits, despite delays in regularization, as per the Bihar State Universities Act.
Ad-hoc services followed by regularization are considered qualifying service for pension under the U.P. State Aided Educational Institution Employees Contributory Provident Fund, Insurance Pension Ru....
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