The court held that petitioners absorbed into the Work Charge Establishment from 1998 are entitled to the Old Pension Scheme benefits. The claim for salary arrears was dismissed as payment was already in progress.
Petition allowed for entitlement to old pension scheme; prayer for salary arrears dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11696 of 2013
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.... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Raghavendra Kr., Adv. For the Respondent/s : Mr. Vivek Prasad Mr. S.K. Saraf, AC to GP-7
=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 22-11-2016 Heard learned counsel for the petitioner and counsel for the
Patna High Court CWJC No.11696 of 2013 dt.22-11-2016
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State.
In this case, primarily the petitioners had sought relief of arrear of salary for the period 1.6.2002 to the date of regularization but, later on, by filing I.A. No. 9048 of 2016, a relief has been sought for grant of benefit of old pension (G.P.F.) Scheme in place of C.P.F. Scheme.
Learned counsel for the petitioners submits that the petitioners and others, working in between 1979-1980 as daily wager, were brought to the Regular Establishment and, thereafter, deduction was made from the salary for G.P.F. On 13.4.2012, a show-cause notice was issued for reverting back to the status of daily wager employees. The petitioners approached this Court in C.W.J.C. No. 6359 of 2002 which was heard along with C.W.J.C. No. 7359 of 2002 , by ad interim order, the order of reversion was stayed, directed for constitution of Three Men Committee to examine the case of the petitioners and the Three Men Committee recommended for their regularization.
It appears from the records that the petitioners had worked as a daily wager, later on they were brought to the Work Charge Establishment and by show-cause they were tried to revert to the daily wager but, ultimately they have succeeded and their services were regularized.
Patna High Court CWJC No.11696 of 2013 dt.22-11-2016
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The petitioners have sought a relief in two parts. The first one is related to their salary and the second part is related to their entitlement to be enrolled in the old pension scheme. It is a fact that the petitioners were working as a daily wager, later on brought to the Work Charge Establishment, the Government tried to revert back to the daily wager but, failed to do so on account of an interim order passed by this Court and, therefore, the petitioners remained as a Work Charge Establishment and later on they were absorbed.
The question is from which date, their services will be treated to have been regularized. In normal course, the period of Work Charge Establishment has to be counted for all purposes. The Government has also issued notifications from time to time with regard to inclusion of period of Work Charge Establishment for the purpose of pension and A.C.P. Admittedly, these petitioners were brought to the Work Charge Establishment in the year 1998, the Contributory Pension Scheme came in the year 2005 and, before that, it was the Pension-cum-Gratuity Scheme. The petitioners at best would be treated to be in service at least from the date of their brining to the Work Charge Establishment, they cannot be deprived of the benefit of Old Pension Scheme and this Court holds the petitioners to be entitled to the benefit under the Old Pension Scheme but, so far as the salary part is concerned, the petitioners have been working and are getting salary,
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all through they have discharged their duty as a Work Charge Establishment, the interim order of stay is with them and in such view of the matter, there is no question of giving any direction to the respondents for payment of salary.
In the result, this application is allowed to the aforesaid extent.
(Shivaji Pandey, J)
Rishi/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 28.11.2016 Transmission Date
2 issues framed by the court
Whether petitioners are entitled to the benefit of the Old Pension Scheme (G.P.F.) instead of the Contributory Pension Scheme (C.P.F.).
Whether salary arrear should be granted for the period of regularization.
Vijay Kumar & Ors.
The State Of Bihar & Ors.
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
