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.

JUDGMENT :

D. Krishnakumar, C.J.

Heard Mr. H. Debendra, learned Deputy Advocate General assisted by Mr. Dimal Kumar Haobam, learned counsel, appearing for the appellants and Mr. Ng. Jotindra, learned counsel assisted by Ms. Geetarani Waikhom, learned counsel appearing for the respondents.

2. The intra court appeal has been preferred by the State of Manipur challenging the of the writ court thereby allowing the writ petition.

3. The brief facts of the case is as follows.

4. According to the appellants, the respondents were initially appointed as Workshop Attendants on ad-hoc basis in the Government Polytechnic, Manipur under the Education Department (Technical Section), Government of Manipur for a period of 3 (three) months w.e.f. 22.03.1999 and 07.05.1999 respectively. Their ad-hoc services were extended from time to time by the Government, by issuing various orders and the petitioners rendered the services as Workshop Attendants on ad-hoc basis continuously, without any break, till they were appointed as Workshop Attendants, on regular basis on the recommendation of the DPC vide order dated 30.04.2018 issued by the Controller of Technical Education, Manipur and the respondents herein were also entitled to all the annual normal increments from the date of the initial appointment to the post of Workshop Attendant on ad-hoc basis by issuing the two separate orders dated 18.08.2007. Accordingly, the respondents herein/writ petitioners were fully eligible for the appointment to the said posts.

5. The petitioners have filed the instant writ petition to consider for granting of regular services by counting the period of services rendered by them prior to their regular appointment as qualifying services for the purpose of pensionary and retirement benefit. He made a representation to the Government on 08.08.2018 to consider the aforesaid request. The respondents herein/writ petitioners also relied upon the various orders of the High Courts for counting the period of ad hoc services rendered by the respondents as qualifying services for the purpose of pensionary and other retirement benefits. He also submitted that similarly placed persons also got the benefit under the orders passed by the State Government in respect of the other department. The respondents also relied upon the DP’s Office Memorandum dated 05.07.2003 for counting as qualifying services for pension wherein it is clearly provided, inter alia at para 1 (ii) of the said DP’s O.M. that in cases where the Hon’ble Court directed the Government to regularize the services retrospectively with effect from the dates they were appointed on ad- hoc or officiating basis only for pensionary benefits, the court orders may be complied with in cases of ad-hoc employees who became regular appointee by way of direct recruitment duly recommended by a competent DPC. By relying upon the aforesaid O.M. dated 05.07.2003, the petitioner sought for counting the past ad-hoc services rendered by the ad-hoc employees prior to their regular appointment as qualifying service for the purpose of pensionary and other retiral benefits only. By considering the aforesaid contention of the petitioners, the writ court allowed the writ petition.

6. Challenging the order of the writ court, the appellants/respondents in the writ petition have preferred a intra-court writ appeal before this Court on the following grounds :-

That, the respondents herein are governed by the New Pension Scheme which was adopted by the State Government w.e.f. 01.01.2005 and the respondents were regularized only on 30.04.2008.

Therefore, the New Pension Scheme will not apply to the respondents herein. The O.M. dated 05.7.2003 which is relied by the writ court in directing to count the past ad-hoc service of the writ petitioner for the purpose of pensionary and other retirement benefits is not applicable to the case of the writ petitioners in view of the New Pension Scheme has come into force and the writ petitioners are governed by the New