Court recognizes prior service contributions towards pension eligibility, allowing pension despite technical shortcomings in qualifying tenure.

ORDER Per : Hon’ble Mr Justice Rameshwar Vyas Being aggrieved by order dated 19.12.2016 (Annex. A/1)

whereby the applicant was paid only gratuity, the applicant has preferred this OA with prayer to direct the respondents to pay him pension by treating him under old pension scheme in light of order dated 17.05.2012.

2. The facts necessary to adjudicate this OA are as under:-

2.1 The applicant was initially appointed as daily paid worker in the office of respondent No. 2 in the year 1971. He was employed against regular nature of work and had completed 240 days in each preceding two consecutive years, therefore, he was granted payment @ 1/30^th of the pay scale of Group D post plus dearness allowance in terms of DoP&T OM dated 07.06.1988 (Annex. A/2).

2.2 As per Ministry of personnel, Public Grievances and Pensions (Deptt. of Personnel and Training) OM dated 10.09.1993 (Annex. A/6), the Govt. of India formulated a Scheme called “Casual Labourers (Grant of Temporary Status and Regularization) Scheme of Government of India, 1993” [hereinafter referred to as Regularization Scheme of 1993] whereby guideline was issued that casual labourers who were in employment on the date of issue of this OM and who had rendered a continuous service of at least one year would be conferred temporary status. The applicant was accordingly vide office order dated 25.12.1994 (Annex. A/4)conferred temporary status w.e.f. 01.09.1993. Para 8 (i) of the above Scheme prescribed procedure for filling up of Group ‘D’ posts wherein it has inter-alia been prescribed that two out of every three vacancies in Group ‘D’ cadres in respective offices where the casual labourers have been working would be filled up from amongst casual workers with temporary status as per extant recruitment rules. The services of the applicant were regularized against Group ‘D’ post w.e.f. 07.07.2009 vide office order dated 13.07.2009 (Annex. A/7). Thereafter, the applicant retired w.e.f. 31.03.2011 after attaining the age of superannuation.

2.3 He was paid only service gratuity and leave encashment but was not paid pension on the pretext that persons appointed on regular basis after 01.01.2004 were not eligible for the same. It is averred that after lot of litigations resulting into old pension scheme made applicable to persons enjoying temporary status prior to 01.01.2004 and regularized after the cut off dated of 01.01.2004 when new pension scheme came into effect vide OM dated 26.02.2016 (Annex. A/9). The applicant was directed to submit requisite documents for grant of pension as per above OM vide letter dated 26.09.2016 (Annex. A/10). He was reminded of the same vide letter dated 21.11.2016 (Annex. A/11) but was allowed only gratuity vide order dated 19.12.2016 (Annex. A/1) and no pension was allowed.

2.4 Being aggrieved with the above order, the applicant filed detailed representation on 25.02.2017 (Annex. A/1) and requested to grant him the due pension and other retiral benefits but his request was turned down on the ground that he has not completed 10 years service required for grant of pension under CCS (Pension) Rules, 1972 [hereinafter referred to as Pension Rules].

2.5 It is the case of the applicant that before conferring temporary status to him w.e.f. 01.09.1993, he served under respondent No. 2 from the year 1971 to 01.08.1989 as casual worker and from 01.01.1989 to 01.01.1993 he worked against regular nature of work, hence, was paid wages @ 1/30^th of the pay at the minimum of the relevant pay scale plus dearness allowance for work of 8 hours a day. Therefore, the applicant fulfils requisite qualifying service for grant of pension. Para 5