Case Note & Summary
The petitioner, Sayyad Abbas Sayyad Usman, was employed as a watchman/Choukidar on a daily wage basis with the respondents (Dr. Panjabrao Deshmukh Krushi Vidyapeeth, Akola) from 1971. He worked continuously until his retirement on 31/03/2008. On 18/06/1996, he was appointed on a regular basis as a watchman on a temporary permanent establishment, and on 21/06/1996, he was appointed on probation, which was confirmed on 29/06/1998. The petitioner claimed pensionary benefits, but the Industrial Court rejected his claim on 19/12/2015, holding that he had not completed the qualifying service under Rules 30 and 57 of the Maharashtra Civil Services (Pension) Rules, 1982, as his daily wage service from 1971 to 1996 was not counted. The petitioner challenged this order by way of a writ petition before the Bombay High Court, Nagpur Bench. The High Court framed the issue as whether the daily wage service from 1971 to 1996 could be considered for qualifying service. The court noted that the respondents admitted the continuous service from 1971 to 2008. The court examined Rule 30 (commencement of qualifying service) and Rule 57(c) with Note 1, which provide that service rendered before regularization may be counted if it is continuous and of the same nature. The court held that since the petitioner performed the same work throughout, the pre-regularization daily wage service must be included. The court set aside the Industrial Court's order and directed the respondents to grant pensionary benefits to the petitioner, including arrears, within three months.
Headnote
A) Service Law - Pension - Qualifying Service - Daily Wage Service Prior to Regularization - Maharashtra Civil Services (Pension) Rules, 1982, Rules 30, 57(c) and Note 1 - The petitioner worked as a daily wager watchman from 1971 to 1996, then was regularized and confirmed. The Industrial Court rejected pension claim holding that daily wage service does not count as qualifying service. The High Court held that since the petitioner continuously performed the same work from 1971 to 2003, the pre-regularization daily wage service must be counted as qualifying service for pension. The court set aside the Industrial Court's order and directed the respondents to grant pensionary benefits to the petitioner. (Paras 5-8)
Issue of Consideration
Whether the services rendered by the petitioner as a daily wager from 1971 to 1996 can be considered for inclusion in the qualifying service period for pensionary benefits under Rule 30 read with Rule 57(c) and Note 1 of the Maharashtra Civil Services (Pension) Rules, 1982.
Final Decision
The High Court allowed the writ petition, set aside the Industrial Court's order dated 19.12.2015, and directed the respondents to grant pensionary benefits to the petitioner by counting his service from 1971 to 2008 as qualifying service, with arrears, within three months.
Law Points
- Qualifying service includes daily wage service prior to regularization if continuous and same nature
- Rule 30 and Rule 57(c) with Note 1 of Maharashtra Civil Services (Pension) Rules
- 1982
- Industrial Court erred in excluding pre-regularization service
