2023 Supreme(Online)(Mad) 92880

MADRAS HIGH COURT
M.S. RAMESH, J
D.Mathiazhagan – Appellant
Versus
The Government – Respondent
WP/15396/2016

Services rendered as a Casual Labour on daily wages can be counted for the purpose of calculating the pensionable service.

Headnote:

PENSION - CASUAL LABOUR - SERVICES - COUNTING - Petitioner was appointed temporarily as Casual Labour on daily wages, through District Employment Exchange on 19.06.1980. Thereafter, his services were regularized on 13.02.1989 as a Night Watchman. His request to count the period of services rendered between 19.06.1980 to 13.02.1989, for the purpose of fixation of his pension was kept pending, which prompted him to file a Writ Petition in WP.No.15969/2015 and by an order dated 05.06.2015, this Court had directed the respondents to consider the petitioner's representation, within a period of twelve weeks. Accordingly, the present impugned order was passed on 05.01.2016, rejecting the petitioner's request to count 50% of his past services. The Government in G.O.Ms.No.408, Finance (Pension) Department dated 25.08.2009, had ordered for counting of 50% of the services rendered as a Casual Labour on daily wages, for the purpose of calculating the pensionable service. The respondents in the impugned order, have stated that the services rendered by the petitioner between 1980-1989 was a part-time labour. Such a statement seems to be factually incorrect, in view of the appointment order dated 19.06.1980, which evidences that the petitioner was temporarily appointed as a Casual Labour on daily wages. In view of the same, the petitioner would be entitled for the benefits under G.O.Ms.No.408, dated 25.08.2009, by counting 50% of his services as a part-time employee.

Fact of the Case:

The petitioner was appointed temporarily as Casual Labour on daily wages, through District Employment Exchange on 19.06.1980. Thereafter, his services were regularized on 13.02.1989 as a Night Watchman. His request to count the period of services rendered between 19.06.1980 to 13.02.1989, for the purpose of fixation of his pension was kept pending, which prompted him to file a Writ Petition in WP.No.15969/2015 and by an order dated 05.06.2015, this Court had directed the respondents to consider the petitioner's representation, within a period of twelve weeks. Accordingly, the present impugned order was passed on 05.01.2016, rejecting the petitioner's request to count 50% of his past services.

Finding of the Court:

The Government in G.O.Ms.No.408, Finance (Pension) Department dated 25.08.2009, had ordered for counting of 50% of the services rendered as a Casual Labour on daily wages, for the purpose of calculating the pensionable service. The respondents in the impugned order, have stated that the services rendered by the petitioner between 1980-1989 was a part-time labour. Such a statement seems to be factually incorrect, in view of the appointment order dated 19.06.1980, which evidences that the petitioner was temporarily appointed as a Casual Labour on daily wages. In view of the same, the petitioner would be entitled for the benefits under G.O.Ms.No.408, dated 25.08.2009, by counting 50% of his services as a part-time employee.

Issues: Whether the petitioner is entitled to count 50% of his services rendered as a Casual Labour on daily wages, for the purpose of calculating the pensionable service?

Ratio Decidendi: The Government in G.O.Ms.No.408, Finance (Pension) Department dated 25.08.2009, had ordered for counting of 50% of the services rendered as a Casual Labour on daily wages, for the purpose of calculating the pensionable service. The respondents in the impugned order, have stated that the services rendered by the petitioner between 1980-1989 was a part-time labour. Such a statement seems to be factually incorrect, in view of the appointment order dated 19.06.1980, which evidences that the petitioner was temporarily appointed as a Casual Labour on daily wages. In view of the same, the petitioner would be entitled for the benefits under G.O.Ms.No.408, dated 25.08.2009, by counting 50% of his services as a part-time employee.

Final Decision: The impugned order dated 05.01.2016 is hereby quashed. Consequently, there shall be a direction to the respondents, to forthwith count 50% of services rendered by the petitioner as a Casual Labour on daily wages from 19.06.1980 to 13.02.1989 and thereby, re-fix the petitioner's pension, including order for disbursement of the arrears of the pension. Such order shall be passed atleast within a period of four (4) weeks from the date of receipt of a copy of this order.