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| HC comes to the rescue of deceased employee’s family | | Holds family entitled to pensionary benefits | | Early Times Reporter
Jammu | May 10
State High Court today came to the rescue of family of the deceased poor employee, who served the State for more than 22 years in different capacities but denied pension and held the family members entitled to pension and other pensionary benefits.
The counsel for the petitioner submitted that husband of the petitioner, Ram Singh, who was initially engaged as Daily wager in the year 1969 was regularized in the month of August, 1985 and retired on December 31, 1991. After rendering by 22 years of uninterrupted service he expired in the month of June, 2006.
The husband of the petitioner during his life-time projected his grievances before the authorities for release of his pensionary benefits and filed this petition in the High Court.
Accountant General filed counter through his counsel Deepika Mahajan in which it has been admitted that retiree was shifted to regular establishment with effect from August 16, 1985 and declared quasi-permanent with effect from August 17, 1988 and retired on December 31, 1991. The quasi permanent services work out to be three years, four months and 15 days, which is less than 5 years and as such the deceased employees is not entitled for pension.
After hearing both the sides and perusing facts, Justice Singh referred various judgments and observed that the State has not filed any objection. The objection raised by Accountant General that the petitioner’s husband was having less than five years quasi-permanent service was not entitled to pension, cannot be sustained in view of the legal position, Justice Singh held. He said as per service book, the petitioner being PDL was converted into regular temporary establishment on August 16, 1985 and after he was placed in regular temporary establishment he had admittedly about 22 years of uninterrupted service, Justice Singh further observed. Allowing the petition, Justice Singh held the deceased husband of the petitioner entitled to pension and other benefits. JNF |
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