Temporary service prior to regularization must be counted for pension eligibility to ensure fairness and justice, as established by prevailing judicial principles.

ORDER :

Surepalli Nanda, J.

Heard Sri Ch.Ganesh, learned counsel appearing on behalf of the petitioners and learned Government Pleader for Services-I I appearing on behalf of the respondents.

2. The petitioners approached the Court seeking prayer as under:

“…….to issue an order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not counting the past temporary service rendered by the Petitioners in the contingent establishment from the date of their initial appointment to till the date of regularization for commencement of qualifying service as per G.O.Ms.No.156, Finance and Planning (FW.PEN.1) Department, dated 29/04/1983, for the purpose to sanction of pension based on the judgment of the Honourable Supreme Court in the case of Prem Singh Vs. State of Uttar Pradesh and Others in Civil Appeal No. 6798 of 2019 and batch dt. 02/09/2019, and the same was reported in (2020) 1 SCC(L&S) 1 and (2019) 10 SCC 516 , and in the case of Habib Khan Verses State of Uttarakhand and others in Civil Appeal No.10806 of 2017 and batch dt. 23-08-2017, which was reported in (2020) 1 SCC (L&S) 28, (2019) 10 SCC 542 , and in Review Petition ( C ) No. 9 of 2018, dt. 16/01/2018, in Civil Appeal No. 10806 of 2017, in the case of State of Uttarakhand and Others Vs. Habib Khan and Others and the same was reported in (2020) 1 SCC (L&S) 31 (1), (2019) 10 SCC 545 and basing on the Division Bench Judgements of this Honourable Court in W.P. No. 8201 of 2016, dt.17/03/2016, and the orders of this Honourable Court in WP No.17700 of 2016, dt.20/06/2017, as highly illegal, arbitrary, unjust, unconstitutional against the principles of natural justice , equity and fair play and prays to direct the respondents herein to count the pre-absorption service of Petitioners herein in temporary capacity in the contingent category for the purpose of commencement of qualifying service for sanction of pension and other benefits to the Petitioners herein and pass such order or orders in the interest of justice.….”

3. The specific grievance of the petitioners is that the respondents are not counting the past temporary service i.e., from the date of petitioners initial appointment to the date of regularization, rendered by the petitioners in the contingent establishment, for commencement of qualifying service as per G.O.Ms.No.156, Finance and Planning (FW.PEN.1) Department , dated 29.04.1983 for the purpose of sanction of pension based on the judgment of the Hon’ble Apex Court in the case of Prem Singh Vs. State of Uttar Pradesh and Others in Civil Appeal No.6798 of 2019 and batch, dated 02.09.2019 reported in (2020) 1 SCC (L&S) 1 & (2019) 10 SCC 516 , and in the case of Habib Khan Vs. State of Uttarkhand and Others in Civil Appeal No.10806 of 2017 & batch, dated 23.08.2017 reported in (2020) 1 SCC (L&S) 28, (2019) 10 SCC 542 and in Review Petition (C) No.9 of 2018, dated 16.01.2018, in Civil Appeal No.10806 of 2017, in case of State of Uttarakhand and Others Vs. Habib Khan and Others and reported in (2020) 1 SCC (L&S) 31(1), (2019) 10 SCC 545 and the Division Bench judgment of this Court in W.P.No.8201 of 2016, dated 17.03.2016 and the judgment of this Court in W.P.No.17700 of 2016, dated 20.06.2017. Aggrieved by said action of the respondents, the petitioners approached the Court by filing the present Writ Petition.

PERUSED THE RECORD

4. The Division Bench of this Court vide its order dated 17.03.2016 in W.P.No.8201 of 2016 very clearly held that the Tribunal had rightly come to the conclusion that temporary service shall be counted