P. Sam Koshy, J
1. The relief sought for by the petitioner is for calculating the service rendered by the petitioner as contingency paid employee treating the said period
as qualifying service for the purpose of grant of pension.
2. A perusal of impugned order by itself show that there is admission on the part of the respondent of the petitioner having put in 25 years of service
as contingency paid employee prior to 22.08.2008, the date from which the services of the petitioner was regularized, and he retired as a regular
employee on 30.11.2008.
3. The contention of the petitioner is that if as per circular of the State Govt. the services rendered by the petitioner as temporary contingency paid
employee is taken into account, then perhaps his case could be considered for grant of pension in the light of the judgment of Division Bench of this
court in case of Lakhanram Sahu & Ors. Vs. State of Chhattisgarh & Ors. and other connected appeals (Writ Appeal No. 281 of 2013, decided on
26.02.2015).
4. The State counsel however opposing the petition submits that the petitioner had put in only three months of regular service and as such he does not
fulfill the required length of service by which he could qualify for pension. Therefore, the impugned order does not seem to be in any manner illegal
and the petition deserves to be rejected.
5. Having heard the contention put forth by the counsel for the respondents and on perusal of records, indisputably initially the petitioner was appointed
on the post of Mate on daily wage basis in the year, 1978. His services was regularized in work charged establishment on 22.08.2008. He was retired
on 30.11.2008. There is admission on the part of the respondents of the petitioner having worked for 25 years before 22.08.2008 on which date he has
been regularized.
6. Given the aforesaid admission and taking into consideration the factual matrix of the case, it would be relevant at this juncture also to refer
paragraphs 11 and 12 of judgment of Division Bench in Lakhanram (Supra) which reads as under :
11. The Appellants/Petitioners are stated to have completed a total of 25-30 years in service including the period spent in 'temporary' status. They
have acquired permanent status after five years of their appointment in the contingency establishment. It is not in dispute evident from the orders
releasing their gratuity that they fulfill the requirement for acquiring 'temporary' status after five years under Rule 4(2)(b) of the Contingency Rules,
1975. Under instructions dated 2.3.2005 the period spent in 'temporary' service had to be taken into account to reckon pensionable service which
clearly brings them within the qualifying period. The Appellant/Petitioners are therefore held entitled to pension under the Pension Rules, 1979.
12. Let the current pension of the Appellants/Petitioners be calculated and payment commenced preferably within a period of four weeks from the
date of receipt and/or presentation of a copy of this order and the arrears to be paid within a period of 12 months from the date current pension
starts.
7. Indisputably, the petitioner had put in about 25 years of service before regularization. The said period appears to be that as contingency paid
employee. If that be so, then the case of the petitioner also deserves to be considered for pension in accordance with the orders passed in Lakhanram
(Supra).
8. Accordingly, the present petition stands disposed of with a direction to the respondent to ensure that the case of the petitioner is duly verified by the
department and in case if the petitioner has sufficient length of service as temporary contingency paid employee prior to 22.08.2008, then, as has been
held by the Division Bench in Lakhanram (Supra), the case of the petitioner also should be considered for grant of pension subject to verification of
the aforesaid facts. An appropriate order shall be passed by the respondent so far as entitlement of pension to the petitioner is concerned within a
period of 90 days from the date of communication of this order.
9. The writ petition is accordingly disposed of.