In CWP No.3841 of 2022-HP HC- Himachal Pradesh HC passes direction to grant pension to superannuated employee in terms of CCS (Pension) Rules, 1972 as his initial appointment in temporary capacity continued for 10 years and was followed by substantive appointment on same post
Justices Sabina & Satyen Vaidya [19-04-2023]

Read Order:Dr. Umesh Kumar Vs. State Of Himachal Pradesh And Ors 

Tulip Kanth

Shimla, April 20, 2023:  The Himachal Pradesh High Court has opined that contract service of employee would be counted towards qualifying service for purposes of applicability of CCS (Pension) Rules, 1972 as initial appointment in temporary capacity continued for about ten years and was followed by substantive appointment on the same post.

Referring to  Rule-13 of CCS (Pension) Rules, 1972,the Division Bench of Acting Chief Justice Sabina & Justice Satyen Vaidya said, “ Thus, qualifying service of a government servant commences from the date he takes charge of the post to which he has first appointed either substantively or in an officiating or temporary capacity. It is further provided that an officiating or temporary service should be followed without interruption by substantive appointment in the same or another service or post.”

The factual background of this case was such that the petitioner was appointed as a Medical Officer in the department of Health, Government of H.P., on contract basis w.e.f. January 31,1997. His contract employment continued for about ten years, whereafter services of the petitioner were regularized w.e.f. March 5, 2007. Though, the initial appointment of the petitioner was on contract basis, but he was being paid regular pay scale with all allowances admissible to Medical Officers appointed on regular basis. 

Petitioner was also paid increments at par with regularly appointed Medical Officers. The initial appointment of the petitioner on contract basis was made after undergoing selection process in which he was interviewed by a duly constituted selection committee. As many as thirty-four Medical Officers were appointed on contract basis alongwith petitioner.

In 2010, petitioner alongwith similarly situated Medical Officers were directed by respondents to switch over to Contributory Pension Scheme introduced in 2006. Petitioner alongwith others approached this Court raising challenge to the aforesaid direction of the respondents. 

By way of an interim order, respondents were restrained from compelling the petitioner to join the Contributory Pension Scheme. The Division Bench directed the first respondent to consider the case of the petitioners afresh and take appropriate action in the matter expeditiously. 

The Petitioner superannuated on December 31, 2020 and till such date no decision could be taken by respondents in pursuance to directions issued. In the year 2021, a communication was sent from the office of the first respondent to the second respondent informing that the case of the petitioner had been rejected. Thus, the petitioner approached the High Court assailing this communication.

The Bench was of the opinion that the initial appointment of the petitioner, though, in temporary capacity continued for about ten years and was followed without interruption by substantive appointment on the same post. In such a view of the matter, the Bench opined that the contract service of the petitioner was liable to be counted towards qualifying service for the purposes of applicability of CCS (Pension) Rules, 1972. 

The Bench asserted that it was not a case where the initial appointment of the petitioner was for a short period or for limited purpose.

Reference was also made by the High Court to its judgments in Veena Devi Vs. Himachal Pradesh State Electricity Board Ltd. & Anr. whereby the Division Bench had held that the contract service followed by regular appointment was required to be counted for the purpose of pension.

Thus, the High Court allowed the petition  and quashed the impugned communication.

The Bench also asked the Respondents to consider the contractual service of the petitioner as a component of qualifying service for the purpose of pension under CCS (Pension) Rules, 1972 and to grant him pension strictly in terms of CCS (Pension) Rules, 1972, with effect from the date of his superannuation alongwith arrears within six weeks.