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AHANTHEM BIMOL SINGH
John Hauzel – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
1. Heard Mr. Ng. Jotindra, learned counsel appearing for the petitioners in WP(C) No. 721 of 2020, Mrs. G. Pushpa, learned counsel appearing for the petitioner in WP(C) No. 679 of 2020 and Mr. A. Vashum, learned G.A. appearing for the respondents.
2. WP(C) No. 721 of 2020 had been filed by 9 (nine) petitioners with a prayer for quashing the impugned order dated 23.10.2020 and for directing the respondents to count the period of the petitioners ad-hoc services prior to their regularisation as qualifying services for the purpose of availing pensionary and other retiral benefits. WP(C) No. 679 of 2020 had been filed by the wife of (L) Y. Hembabu Singh, who was serving as Supervisory (Credit) on regular basis in the Commerce and Industries Department, Government of Manipur, with a prayer for directing the respondents to count the period of ad-hoc service rendered by her late husband prior to his regular appointment for the purpose of availing pensionary and other retiral benefits. As the facts and issues raised in the present 2 (two) writ petitions are common and interlinked, the said 2 (two) writ petitions were heard jointly and the same are being disposed of by this common jud
The main legal point established in the judgment is that denial of pensionary benefits to the petitioners would violate the equality clause under the Constitution of India.
The regularisation of ad-hoc service cannot be claimed as of right and is subject to fulfilling specific conditions.
The court held that ad-hoc service cannot be counted as qualifying for pension benefits under the New Pension Scheme, as the initial appointments were not made per the relevant rules.
Ad hoc service followed by regularization counts as qualifying service for pension and gratuity under CCS (Pension) Rules, 1972, Rule 13, preventing discriminatory exclusion of prior service.
Once it is settled that the ad hoc service, which has been made basis of regularization, has been considered in catena of judgments and it has been held that the same is countable for reckoning the q....
Long-term adhoc employees have a right to regularization and benefits, as arbitrary continuation of their engagement undermines fairness and violates constitutional principles of employment.
petitioner has rendered qualifying pensionery service with effect from the date of his initial joining in the department in question, so the same shall be treated as service qualifying for pension an....
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