Pre Regularisation Period Where Employee Put In 240 Days For 10 Years Has To Be Counted For Pension And Retiral Benefits: Gujarat HC

The Court was hearing a petition by the wife of the deceased employee who was seeking Writ, order or direction for declaring the inaction on the part of the respondents in releasing the amount of pension and other retirement benefits to the petitioner as illegal, unjust, arbitrary and violative of Art.14 of the Constitution of India.

The bench of Justice Nikhil S. Kariel relied on Samudabhai Jyotibhai Bhedi vs. Executive Engineer, reported in 2017 (4) GLR 2952 and observed that the HC held, “ period prior to the date of regularisation where the employee has put-in 240 days for a period of 10 years is required to be counted for the purpose of pension and other retiral benefits.”

Advocate Reena Kamani appeared for the Appellant and Advocate H S Munshaw appeared for the Respondent.

Brief Facts-

It is the case of the Petitioner that the period of service put in by the husband of the Petitioner before his regularisation was not considered for pension and other retiral benefits. Therefore, the petitioner has filed the present petition.

The Court noted that the husband of the petitioner was appointed as a daily wager and he had put in 15 years where he had completed 240 days but, since the did not put in the minimum qualifying service, therefore, he was not paid any pension as such.

The Court stated that the stand taken by the respondents before the date of regularisation was not to be counted, and is no longer an issue which is res integra.

According to the Court, the stand taken by the respondents was completely erroneous and dehors the settled principle.

The Court stated that while the husband of the petitioner is deemed entitled to the benefits, the Court ought to have taken some actions against the respondents for filing such affidavits which are contrary to the provisions of law. However, the Court refrained from such action considering the submission by the respondent that the proposal would be sent in some time.

Finally, the Court directed that the period put in by the husband of the petitioner before regularisation where he has put in 240 days in each year shall be counted along with the total length of service put in by the husband of the petitioner.

The Court allowed the petition.

Cause Title: Naran Devashi Meheshwari v. State of Gujarat

Appearance:

Appellant: Adv. Reena Kamani and Adv. P.H.Pathak

Respondent: AGP Sahil Trivedi and Adv. HS Munshaw