Case Note & Summary
The petitioner No.1, B. Vamana, was employed as a Mali-cum-Mazdoor on daily wages under Nominal Muster Roll (NMR) with the New Mangalore Port Trust (NMPT) from 04.11.1969 to 22.03.1973. Thereafter, he was absorbed as a regular employee and worked continuously until his voluntary retirement on 30.06.2004 as a store keeper. The dispute concerned the counting of his NMR service for pensionary benefits. Under the Government of India's decision under Rule 14 of the Central Civil Services (Pension) Rules, 1972, an employee is entitled to 50% of the NMR service for pension if the service was continuous. The petitioner claimed continuous service and submitted a certificate dated 27.09.1991 from the Deputy Controller of Stores, NMPT, certifying that he worked continuously in the Construction Division as Mali-cum-Mazdoor on NMR basis. The respondent rejected the claim without considering this certificate. The court noted that the respondent had not passed any reasoned order and directed the respondent to consider the petitioner's representation afresh, taking into account the certificate and any other relevant material, and pass a reasoned order within three months. The writ petition was disposed of accordingly.
Headnote
A) Service Law - Pensionary Benefits - NMR Service - Counting of 50% Service - Central Civil Services (Pension) Rules, 1972, Rule 14 - The petitioner claimed that his service as a daily wage worker (NMR) from 04.11.1969 to 22.03.1973 should be counted at 50% for pensionary benefits as per Government of India decision under Rule 14. The respondent rejected the claim on the ground that the service was not continuous. The court held that the respondent must consider the claim afresh, taking into account the certificate of continuous service issued by the Deputy Controller of Stores, and pass a reasoned order within three months. (Paras 1-4)
Issue of Consideration
Whether the period of service rendered by petitioner No.1 as a daily wage worker (NMR) from 04.11.1969 to 22.03.1973 should be counted at 50% for the purpose of computing qualifying service for pension and gratuity under the Central Civil Services (Pension) Rules, 1972.
Final Decision
The writ petition is disposed of with a direction to the respondent to consider the representation of petitioner No.1 afresh, taking into account the certificate dated 27.09.1991 and any other relevant material, and pass a reasoned order within three months from the date of receipt of a copy of this order.
Law Points
- Benefit of 50% of NMR service for pension
- Continuous service requirement
- Government of India decision under Rule 14 of CCS (Pension) Rules
- 1972
Case Details
2015 LawText (KAR) (07) 10
Sarat Chandra Bijai (for petitioners), B.C. Aniketh for G.N. Hegde, M/s Dua Assts. (for respondent)
B. Vamana and The New Mangalore Port Pensioners Welfare Association
The New Mangalore Port Trust
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India seeking direction to consider 50% of NMR service for pension and gratuity.
Remedy Sought
Direction to the respondent to consider one half service rendered by petitioner No.1 from 04.11.1969 to 22.03.1973 as Mali-cum-Mazdoor on daily wages for computing qualifying service for pension and gratuity.
Filing Reason
Respondent rejected petitioner's claim for counting 50% of NMR service for pensionary benefits without considering the certificate of continuous service.
Issues
Whether the NMR service of petitioner No.1 from 04.11.1969 to 22.03.1973 was continuous and qualifies for 50% benefit under Rule 14 of CCS (Pension) Rules, 1972.
Submissions/Arguments
Petitioner argued that he worked continuously as daily wage worker from 04.11.1969 to 22.03.1973 and submitted a certificate from Deputy Controller of Stores, NMPT dated 27.09.1991 certifying continuous service.
Respondent rejected the claim without considering the certificate and without passing a reasoned order.
Ratio Decidendi
The respondent must consider the claim for counting 50% of NMR service for pensionary benefits based on the certificate of continuous service and pass a reasoned order, as the earlier rejection was without consideration of the certificate.
Judgment Excerpts
The dispute is only with regard to benefit for period of service that petitioner No.1 claims to have worked as Mali-cum-Mazdoor on daily wages.
As per the decision of the Government of India given under Rule 14 of the Central Civil Services (Pension) Rules, 1972, petitioner No.1 would be entitled to the benefit of 50% of his service as a NMR daily wage employee for the purpose of pensionary benefits provided he had worked continuously for such period as a daily wage worker.
In support of his claim, petitioner No.1 had submitted a certificate from the Deputy Controller of Stores, New Mangalore Port Trust, dated 27.09.1991 certifying that petitioner No.1 had worked in the Construction Division as Mali-cum-Mazdoor on NMR basis.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging the rejection of his claim for counting 50% of his NMR service for pensionary benefits. The court heard the matter and disposed it with directions.
Acts & Sections
- Constitution of India: Articles 226, 227
- Central Civil Services (Pension) Rules, 1972: Rule 14
