AI Overview...
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Temporary Service Counting - Several sources confirm that temporary, casual, or project-based service can be counted towards pensionary benefits, often with certain conditions. For example, courts have held that services rendered as casual labor, project casual labor, or temporary status should be considered qualifying service for pension purposes, provided there is no specific exclusion Union Of India VS K. G. Radhakrishana Panickar - Supreme Court, Union of India VS Puranmal Sharma - Rajasthan, Kaushal Kishore Chaubey VS State Of U. P. - Allahabad.
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Specific Rules and Conditions - The applicability depends on rules such as the CCS Pension Rules, 1972, and state-specific pension rules. Some judgments specify that even temporary or casual service prior to regularization can be counted, especially if the service was continuous or the employee was later regularized Nagendra Kumar VS State of Jharkhand - Jharkhand, Chet Ram vs State of Himachal Pradesh - Himachal Pradesh.
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Limitations and Clarifications - Certain judgments clarify that only qualifying service, as defined by applicable rules, can be counted. For instance, services prior to 1.1.1981 or under specific schemes may or may not be eligible depending on the context and whether the service was regularized or recognized as qualifying Union Of India VS K. G. Radhakrishana Panickar - Supreme Court, Ch. Durga Prasad VS State of Andhra Pradesh - Andhra Pradesh.
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Court's View on Arbitrary Denial - Courts have emphasized that denying pension benefits arbitrarily, especially after long service, is unjustified. Service rendered as daily wager, temporary, or casual labor, if recognized as qualifying service under relevant rules, should be counted for pension eligibility Nagendra Kumar VS State of Jharkhand - Jharkhand, Chet Ram vs State of Himachal Pradesh - Himachal Pradesh.
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Nomenclature and Service Type Irrelevant - The nomenclature of appointment (daily wager, temporary, work-charged) is generally considered irrelevant if the service qualifies under pension rules. The key factor is whether the service was recognized or can be recognized as qualifying service Kaushal Kishore Chaubey VS State Of U. P. - Allahabad, Union of India VS Puranmal Sharma - Rajasthan.
Analysis and Conclusion:
Based on the judicial precedents and rules, temporary employment, casual, or project-based service can be counted towards pensionary benefits if it is recognized as qualifying service under applicable pension rules. Courts have consistently held that arbitrary denial of such benefits is unjustified, and the focus is on whether the service was continuous, recognized, or later regularized. Therefore, temporary employment, when acknowledged as qualifying service, should be included for pension eligibility.
Search Results for "Whether Temporary Employment will be Counted for Granting Pensionary Benefits"
1995 0 Supreme(Pat) 304 • India - Patna
S.K.HOMCHAUDHURI
Issues: Whether the petitioner's service as an extra clerk could be counted for the purpose of pension and pensionary benefit ... benefits. ... of pension and pensionary benefit. ... clerk should be counted as qualifying service for the purpose of pension and pensionary benefit only. ... not be counted#HL_....
2024 0 Supreme(Jhk) 739 • India - Jharkhand
S. N. PATHAK
- Court emphasized that the State cannot benefit from its own wrong by denying pensionary benefits after long service - The nomenclature ... (A) Pension Rules - Rule 58 and Rule 59 - Pensionary benefits - Petitioner sought pension from initial appointment date rather than ... regularization date - Court held that continuous service of 40 years as daily wager entitled petitioner to pensionary#HL_....
1998 4 Supreme 457 • India - Supreme Court
M.SRINIVASAN, S.C.AGRAWAL, S.SAGHIR AHMAD
post-Tribunal holding that service rendered as project casual labour should be counted for the purpose of retiral benefits-Whether ... posts prior to 1.1.1981 should be counted for the purpose of retiral benefits and the said judgment as well as the judgment in which ... In the present case, the benefit of counting of service prior to regular employment as qualifying se....
2025 0 Supreme(HP) 425 • India - IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE SATYEN VAIDYA
... ... Issues: The main issues were whether the petitioners were entitled to pensionary benefits and the applicability of the limitation ... service should be counted for pension as they were regularized by Milkfed - The denial of benefits was arbitrary and unreasonable ... (A) Constitution of India - Article 14 - CCS Pension Rules, 1972 - Pensionary benefits - Petiti....
2022 0 Supreme(AP) 469 • India - Andhra Pradesh
K. MANMADHA RAO
of pensioanry benefits while regularizing past service – Court is of considered that concerned respondent authorities are directed ... District Panchayat Officer, Krishna, Machilipatnam – Held, Court observed that this is not a case of regularization, it is only for granting ... Srinivasulu – Petitioner in this case by reckoning his services from completion of five years in service purposes of their pension and pensionary ....
2018 0 Supreme(Mad) 424 • India - Madras
S.M.SUBRAMANIAM
direction to count 50% of their temporary service as full-time employment for pension benefits. ... The petitioner argued that their temporary service should be counted as per the amended Rule 11 of the Tamil Nadu Pension Rules. ... Finding of the Court: The court found that the amended Rule 11 allows for 50% of temporary service to be counted for ... , applicable to ....
2019 0 Supreme(P&H) 1433 • India - Punjab and Haryana
HARSIMRAN SINGH SETHI
Issues: The main issue was whether the daily wage service should be counted as a qualifying service for computing the pensionary ... pensionary benefits, which was declined by the respondents. ... PENSIONARY BENEFITS - Qualifying Service - Punjab Municipal Employees Pension and General Provident Fund Rules, 1994 - Rule 2( ... The question as to whether#HL_END....
2021 0 Supreme(All) 1110 • India - Allahabad
SARAL SRIVASTAVA
for granting pensionary benefit to them, and nomenclature of their appointment, be a daily wager, temporary or whatever, is not ... to them - Whether services rendered as daily wager or work charged employee, etc. are to be counted for pension or not. ... material to consider their claim for grant of pensionary and retiral benefits - Court as well as b....
2019 0 Supreme(Raj) 683 • India - Rajasthan
SANGEET LODHA, PRATAP KRISHNA LOHRA
labour with temporary status can be counted for pensionary benefits. ... - HALF OF THE SERVICE RENDERED AS CASUAL LABOUR WITH TEMPORARY STATUS CAN BE COUNTED FOR PENSIONARY BENEFITS - SERVICES RENDERED ... status for the purpose of determining his qualifying service for granting him all pensionary benefits#....
2020 5 Supreme 416 • India - Supreme Court
L.NAGESWARA RAO, HEMANT GUPTA
benefits – In absence of any specific condition in Circular to grant pensionary benefits, it is not possible to read that pensionary ... benefits, it is not possible to read that pensionary benefits are to be granted to the erstwhile employees of the Project. ... under a Government scheme for the purpose of pensionary benefits after t....
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