Count Ad Hoc Period In Granting Pensionary Benefits To Employee With 17 Yrs Of Regular Service Record: Allahabad HC To UP Govt

The Allahabad High Court has directed the State Government to count the period of ad-hoc service rendered to grant pensionary benefits to an employee who retired in 2013 with a regular service record of over 17 years.

With this, the bench of Justice Rajiv Joshi quashed an order of the District Inspector of Schools, Firozabad whereby the period of ad hoc service rendered by an Assistant Teacher (L.T. Grade) had not been taken into account for the purpose of granting pensionary benefits to him.

The petitioner [Assistant Teacher (L.T. Grade)] retired on June 30, 2013, after completing more than 17 years of regular service. He was appointed as an ad hoc employee in 1995 and his services were regularized in the year 2016. It was his grievance that the ad hoc services rendered by him have not been counted in the fixation of his pension.

At the outset, the Court referred to the Allahabad High Court's order in the case of Sunita Sharma Vs. State of U.P. & 5 Ors [Writ- A No. 25431 of 2018], wherein a government employee was found to be entitled to pensionary benefits while taking into account the adhoc services rendered by the employee between 1996-2016.

The Court also relied upon the decision of the Apex Court in the case of State of Gujarat & Anr. Vs. Talsibhai Dhanjibhai Patel [2022 LiveLaw (SC) 187], wherein the Top Court hasd expressed its displeasure on State of Gujarat denying pension to an ad hoc employee who rendered 30 years of continuous service.

Accordingly, the High Court found the to be entitled to pensionary benefits under the Uttar Pradesh State Aided Educational Institution Employees Contributory Provident Fund Insurance Pension Rules, 1964 and for such purposes, the Court added, the ad hoc continuance from 1995-2013 followed with regularization would have to be counted towards qualifying service for sanction and fixation of pension.

Accordingly, a mandamus was issued to the respondents for grant of pensionary benefits to the petitioner. With this, the Court quashed the impugned order passed by the District Inspector of Schools, District- Firozabad and the writ petition was allowed.

Case title - Awadh Bihari Verma v. State Of U.P.And 3 Others [WRIT - A No. - 21333 of 2014]

Case Citation: 2022 LiveLaw (AB) 499

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