Case Note & Summary
The petitioner, Raman Ganda, was appointed as a daily wager in the Water Supply Department of the Union Territory of Daman and Diu in 1969. He worked in that capacity for eighteen years until 28th September, 1987. On 29th September, 1987, the authorities conferred upon him the status of a temporary employee, and he worked as such for another fifteen years until 28th February, 2002, when he attained the age of superannuation. The petitioner claimed that he was entitled to regularization and to pension upon superannuation. However, he was paid an amount of Rs.65,498/- under the Contributory Provident Fund (CPF) Scheme. The petitioner contended that half of the 18 years of service from 1969 to 1987 was liable to be counted as qualifying service towards pensionary benefits, and that the 15 years of service rendered between 1987 and 2002 must similarly be counted. He relied upon an Office Memorandum dated 1st May, 1987 of the Government of India, which, in view of the recommendations of the 4th Central Pay Commission, decided that all CPF beneficiaries in service as on 1st January, 1986 should be deemed to have come over to the pension scheme unless they had specifically opted to continue under the CPF scheme. The court, after hearing the parties, held that the petitioner was entitled to have half of his daily wage service counted as qualifying service and that he was deemed to have come over to the pension scheme. The court directed the respondents to compute the petitioner's pension accordingly and to pay the arrears within three months.
Headnote
A) Service Law - Pension - Qualifying Service - Daily Wager - Half of service rendered as daily wager prior to regularization is liable to be counted as qualifying service for pension under Office Memorandum dated 1st May, 1987 - The petitioner worked as a daily wager from 1969 to 1987 and as a temporary employee from 1987 to 2002 - The court held that half of the daily wage period (9 years) and the entire temporary period (15 years) should count towards pension, as the petitioner was deemed to have come over to the pension scheme under the 4th Central Pay Commission recommendations (Paras 2-3).
Issue of Consideration
Whether the petitioner, who served as a daily wager for 18 years and then as a temporary employee for 15 years, is entitled to have half of his daily wage service counted as qualifying service for pension, and whether he is deemed to have opted for the pension scheme under the Office Memorandum dated 1st May, 1987.
Final Decision
The court allowed the writ petition, directing the respondents to compute the petitioner's pension by counting half of the daily wage service (9 years) and the entire temporary service (15 years) as qualifying service, and to pay arrears within three months.
Law Points
- Pension entitlement
- daily wager
- temporary employee
- qualifying service
- CPF scheme
- Office Memorandum 1st May 1987
- 4th Central Pay Commission
- regularization
- superannuation
