Jharkhand HC grants old pension benefit to retrenched census employees, counts service from 2004
SUMAN K SHRIVASTAVA RANCHI, August 27: The Jharkhand High Court has directed the state government to extend pension benefits under the law…
SUMAN K SHRIVASTAVA
RANCHI, August 27: The Jharkhand High Court has directed the state government to extend pension benefits under the law applicable on November 3, 2004, to a group of retrenched census employees, holding that they should be treated as being in regular service from the date of a government resolution issued that day.
A Division Bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar passed the order on Thursday while disposing of a Letters Patent Appeal filed by the State government against an earlier order of a single judge.
The court, however, set aside the single judge’s order to the extent challenged and directed the government to fix the pension of the employees in accordance with the law applicable on November 3, 2004.
Employees were initially appointed on contract in 1991
The employees had been appointed as Compilors on a contractual basis by the Regional Deputy Director of Census Operations, Deoghar region, Bihar, under the Ministry of Home Affairs, for the period from June 10, 1991, to August 31, 1992.
Their services were terminated from September 1, 1992, following the winding up of the Regional Tabulation Office at Jasidih.
In November 2004, the Jharkhand government decided to accommodate 602 retrenched census employees against vacant Class III and Class IV posts in regional offices under the Department of Revenue and Land Reforms.
The resolution dated November 3, 2004, stated that no additional posts were required to be created for their adjustment.
ALSO READ: Jharkhand rain alert: Heavy rain, thunderstorms likely across State for 5 days
State argued contractual service could not count
The state contended that the employees were fresh appointees when they were subsequently adjusted against government posts and that their contractual service from 1991-92 could not be counted for pensionary benefits.
The government also argued that the employees had actually joined their respective posts between August 24, 2010, and June 23, 2012, leaving them with only about seven to eight years of regular service before retirement.
Under Rule 145 of the Jharkhand Pension Rules, 2000, the state argued, an employee must complete at least 10 years of qualifying service to become eligible for pension.
The government further relied on Supreme Court judgments to contend that contractual or ad hoc service could not be treated as qualifying service unless supported by a specific regularisation scheme.
High Court rejects claim to count contractual service
The Division Bench agreed with the state that the employees’ contractual service from June 10, 1991, to August 31, 1992, could not itself be counted for pensionary benefits.
The court noted that the employees had been engaged purely on a contractual basis and that their termination after completion of the contract had not been declared illegal by any competent court.
It also held that the government’s 2004 decision was an adjustment against vacant posts and not regularisation of their earlier contractual service.
But court finds discrimination in delayed postings
The Bench, however, identified a separate issue concerning the considerable delay between the government’s decision to adjust the employees in 2004 and the issuance of their actual joining orders between 2010 and 2012.
The court noted that some similarly situated employees had received joining orders as early as 2007 and had consequently completed the required 10 years of qualifying service.
The petitioners, by contrast, were posted much later and therefore could not complete 10 years of service before retirement.
The Bench observed that the employees had faced the situation “for no fault on their part”, as the delay was attributable to the government’s decision to issue posting orders only as vacancies became available.
Delay held violative of Articles 14 and 16
The High Court held that treating similarly situated employees differently because of the delayed issuance of posting orders amounted to unequal treatment.
It observed that the government’s action to that extent was in violation of Articles 14 and 16 of the Constitution, which guarantee equality before law and equality of opportunity in public employment.
The court said that, to ensure justice and maintain parity among similarly situated employees, their qualifying service for pension should be counted from November 3, 2004, the date of the government resolution.
Government directed to fix pension
The Bench noted that if service was counted from the date of the 2004 resolution, all the private respondents had completed the required 10 years of qualifying service.
It therefore directed the state authorities to fix their pension under the law applicable on November 3, 2004.
The court clarified that Rule 56 of the Jharkhand Pension Rules, which ordinarily links qualifying service to the date an employee assumes charge, would not apply in the peculiar circumstances of the case because the delay in issuing joining orders was attributable to the government.
The Letters Patent Appeal was accordingly disposed of, with the earlier single-judge order set aside to the extent indicated by the Division Bench.
