Case Note & Summary
The present Letters Patent Appeal was filed by the State of Gujarat and others (appellants) against the order dated 15.07.2024 passed by the learned Single Judge in Special Civil Application No.6514 of 2024, which allowed the petition of the original petitioner (respondent) and conferred the benefit of pension. The respondent, Sabaji Bhemaji Modiya, was enrolled as a 'Rojamdar' (daily wager) with the Forest Department from 01.04.1981 and worked until 31.03.2019. He claimed that he had worked for more than 240 days in each calendar year and was entitled to pension under the Gujarat Civil Services (Pension) Rules, 2002. The appellants denied pension on the ground that the respondent was a daily wager and not a regular employee. The learned Single Judge allowed the petition, holding that the respondent was entitled to pension. The appellants challenged this order in the present appeal under Clause 15 of the Letters Patent. The Division Bench heard the arguments of both sides. The court examined the definition of 'continuous service' under Rule 3(8) of the Gujarat Civil Services (Pension) Rules, 2002, and noted that the respondent had worked for more than 240 days in each calendar year, thus satisfying the condition for continuous service. The court held that pension is a right and not a bounty, and the Pension Rules must be liberally construed in favor of the employee. The court dismissed the appeal, upholding the order of the learned Single Judge and directing the appellants to grant pension to the respondent within three months.
Headnote
A) Service Law - Pension - Daily Wager - Entitlement - The respondent, a daily wager (Rojamdar) in the Forest Department, worked from 01.04.1981 to 31.03.2019 and completed more than 240 days of service in each calendar year. The appellants denied pension on the ground that the respondent was a daily wager and not a regular employee. The Division Bench held that the respondent is entitled to pension under the Gujarat Civil Services (Pension) Rules, 2002, as he fulfilled the condition of continuous service of 240 days in a year. The court relied on the principle that pension is a right and not a bounty, and the Pension Rules must be liberally construed. (Paras 1-17) B) Service Law - Pension - Continuous Service - Rule 3(8) of Gujarat Civil Services (Pension) Rules, 2002 - The court interpreted Rule 3(8) which defines 'continuous service' and held that a daily wager who works for 240 days in a calendar year is deemed to have continuous service for that year. The respondent's service record showed he worked for more than 240 days each year, thus satisfying the requirement. (Paras 8-12) C) Service Law - Pension - Liberal Construction - The court emphasized that pension rules should be construed liberally in favor of the employee to ensure social justice. The denial of pension to a daily wager who served for nearly 38 years would be unjust. (Paras 13-15)
Issue of Consideration
Whether a daily wager (Rojamdar) who worked for more than 240 days in a calendar year is entitled to pension under the Gujarat Civil Services (Pension) Rules, 2002, and whether the learned Single Judge correctly allowed the petition granting pension.
Final Decision
The Division Bench dismissed the appeal and upheld the order of the learned Single Judge dated 15.07.2024, directing the appellants to grant pension to the respondent within three months.
Law Points
- Pension is a right
- not a bounty
- and must be liberally construed in favor of the employee
- Continuous service of 240 days in a calendar year qualifies for pension under Rule 3(8) of the Gujarat Civil Services (Pension) Rules
- 2002
- Daily wagers are entitled to pension if they fulfill the conditions of the Pension Rules
- The principle of 'once a pensioner
- always a pensioner' applies.
