Bihar Pension Rules: Temporary Employee Who Has Worked Continuously For 15 Years Is Eligible For Pension- Patna High Court

The Patna High Court has observed that a temporary employee who has worked for fifteen years in continuous service is eligible for pension under the Bihar Pension Rules, 1950.

A division bench consisting of Chief Justice K. Vinod Chandran and Justice Partha Sarthy held that “even if a person has worked in a temporary capacity and has not been confirmed, if his service on any post is continuous and is for more than 15 years, then it may be considered as pensionable under Rule 59 of the Bihar Pension Rules, 1950.”

The Bench held that “Rule 59 of the Bihar Pension Rules provides that in certain cases even though the conditions are not fulfilled, the Government may provide that the service rendered by a Government servant shall count for pension.”

Advocate Sanjeev Kumar appeared for the Appellant while Advocate Sunil Kumar Singh appeared for the Respondent.

In this case, an appeal was filed by the writ respondent-appellant against the order of the Single Judge. The Writ petitioner was appointed as a Daily Wage (Literate) Mazdoor in the office of the appellant in 1985. Having passed the prescribed test and having cleared the interview, he was appointed as Ex-Cadre Assistant in 2004 and retired in 2010. The respondents by a letter denied the claims of pension to the petitioner since the service rendered was less than 10 years.

The petitioner challenged this and the Single Bench held in favor of the petitioner directing the respondents to calculate and pay the pension to the petitioner. The order was challenged in the present case by writ respondent-appellant.

The counsel for the appellant submitted that the writ petitioner was not entitled to pension since he had not completed 10 years of regular service as permanent employee. The writ petitioner had rendered 18 years 11 months as Casual Literate Mazdoor / Daily Wager and only 6 years 7 months 13 days as a permanent employee. It was submitted that Rules 59 and 63 of the Bihar Pension Rules were not applicable in case of the writ petitioner.

The counsel for the writ petitioner submitted that Rule 58 of Bihar Pension Rules was taken into consideration while directing the order by the learned Single Judge in favor of the writ petitioner.

Rule 59 of the Bihar Pension Rules provides that in certain cases even though the conditions are not fulfilled, the Government may provide that the service rendered by a Government servant shall count for pension.

“If the service of the temporary or officiating Government servant who is not confirmed in any post is continuous and is more than 15 years, it will be considered as pensionable under rule 59 of the Bihar Pension Rules.”

Accordingly, the Court dismissed the appeal and upheld the order of the Single Judge.

Cause Title: The Registrar General, Patna High Court v. Ram Vyas Dubey and Ors.

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