SrinagarIn a significant ruling, the Jammu and Kashmir High Court has held that a temporary government servant was entitled to pensionary benefits as if he was holding a permanent pensionable post in a substantive capacity immediately before his retirement or death as the case may be.
Pension is compensation for the service rendered by government servant. It has been long since held that pension is property and pensioner has a fundamental right to receive it, a bench of Justice Tashi Rabstan said while disposing a petition.
…even an employee with ten years service, is entitled to pension. For that reason, it would be arbitrary, discriminatory and violative of Article 14 of the Constitution of India to create such a classification, by which an employee, like petitioner, is disentitled of the benefit of pension, in that, it has no nexus with the objective sought to be achieved, the court said while disposing of a petition filed by one Ghulam Hassan Baqal, a resident of Malik Angan, Fateh Kadal here. Baqal had passed away during its pendency and the court ordered the pension benefits should be paid and released in favour of next of his kin.
The government through Accountant General while referring to Article 177 of J&K Civil Service Regulations, 1956, had stated that deceased has rendered only 14 years qualifying service and his status was temporary.
What emerges from bare perusal of Article 177 is that a government servant is entitled to pension if he is in substantive office on a permanent establishment, or if he holds a substantive office on permanent establishment, or holds temporary, or officiating, including temporary service on temporary establishment or department, or quasi-permanent service, the court said.
Referring to third proviso to Article 177, recast vide Notification(SRO 281 on 15th April 1986), the court observed that it envisions that a temporary government servant who at the time of his retirement from service, or if he is declared permanently incapacitated for further government service by appropriate medical authority, or who on his death while in service, has rendered temporary service of not less than 20 years, shall, for purposes of all pensionary benefits, be treated to have held a permanent pensionable post in a substantive capacity immediately before his retirement or death as the case may be. This clinches the matter as in terms whereof even if government servant is a temporary government servant, he is still entitled to pensionary benefits as if he was holding a permanent pensionable post in a substantive capacity immediately before his retirement or death as the case may be. Therefore, the (governments) objection to not grant pension to petitioner, in the present case, as his status was temporary, does not find favour with third Proviso to Article 177, the court.
Baqal was original petitioner and passed away during its pendency and as a consequence his next of kins (NoKs) were brought on record on 7 October 2013.
Baqal was working as Assistant Craftsman (ACM) in the Craft Crewel Emb. on contract basis at Baramulla Training Centre (Elementary/Advance) in terms of order on 1st May 199. He had initially been appointed as ACM on contract basis on 1st June 1978 and was temporarily placed in the time scale of Rs.900-1830 vide Government Order on 21st June 1991, issued by Industries and Commerce Department.
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