Delhi High Court
Kesri Devi vs Municipal Corporation Of Delhi on 2 August, 2004
Equivalent citations: 113 (2004) DLT 135, 2004 (76) DRJ 124
Author: M Sarin
Bench: M Sarin
JUDGMENT
Manmohan Sarin, J.
1. Rule.
With the consent of the parties, writ petition is taken up for disposal.
2. By this writ petition, petitioner seeks directions to respondent-MCD to immediately release all retiral benefits as also monthly pension due to her. Petitioner joined respondent-MCD as a Sweeper on 8th August, 1975. She continued in service without any break and was confirmed on 26.3.1991. The petitioner got superannuated on 31st December, 1999 on attaining the age of 60 years.
3. Mr. Ashok Mahajan, Learned counsel for the petitioner submits that respondent has unreasonably withheld retiral and pension benefits to which she is entitled. It is unfortunate that MCD is seeking to deny retiral and pension to an employee who has worked uninterruptedly for a period of 24 years.
4. Mr. Subhash Sharma, learned counsel for respondent submits that the qualifying service for entitlement of pension should be minimum of 10 years and since she was confirmed in the year 1991, she had less than 10 years and is thus not entitled to pension. He further submits that retiral benefits of gratuity have been paid.
5. Under the Central Civil Services Pension Rules which are in disputeably applicable to respondent, the definition of qualifying service in Rule 3(q) is as under:-
"`qualifying service' means service rendered while on duty or otherwise which shall be taken into account for the purpose of pensions and gratuities admissible under these rules."
6. Rule 13 of Central Civil Services Pension Rules further stipulates as to the period of commencement of qualifying service. Same is as under:-
"13. Commencement of qualifying service Subject to the provisions of these rules, qualifying service of a Government servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity.
Provided that officiating or temporary service is followed without interruption by substantive appointment in the same or another service or post:
Provided further that-
(a) in the case of a Government servant in a Group `D' service or post who held a lien or a suspended lien on a permanent pensionable post prior to the 17th April, 1950, service rendered before attaining the age of sixteen years shall not count for any purpose, and
(b) in the case of a Government servant not covered by clause (a), service rendered before attaining the age of eighteen years shall not count, except for compension gratuity."
7. It would be seen that qualifying service is to commence from the date an employee takes charge of a post to which he or she is first appointed either substantively or in an officiating or temporary capacity. It is thus clear that the period of qualifying service is to commence from the date of taking charge either substantively or in an officiating or temporary capacity. In the instant case, it is not disputed before me that she joined the duty in 1975 and took charge as a sweeper (safai karamchari) in an adhoc capacity. Hence the period of commencement of qualifying service would be from 1975 and thus, she would be entitled to pension. Writ of mandamus shall issue to respondent to compute the pension of the petitioner within four weeks from today and disburse the arrears of the same immediately thereafter and the monthly pension in future.
Petition is allowed with cost of Rs.3000/-.
