Pension | Qualifying Service Of Regular Employee Starts From Day They Take Charge Of First Post, Whether Temporary Or Substantive: HP High Court

The Himachal Pradesh High Court on Wednesday ruled that a regular government employee's qualifying service starts from the day he takes charge of their first post, whether it's temporary, officiating or substantive, in terms of the Rule 13 of the Civil Service and Pension Rules 1972. The petitioner superannuated on December 31st 2020, and till then, no decision was taken by respondents in pursuance of the court's directions and on October 18th 2021 a communication was sent rejecting the petitioner's case, which the petitioner was now challenging in court, seeking pension under the Old Pension Scheme from the date of his superannuation along with arrears and interest at 12% per annum. In the given facts of the case, 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 and hence the contract service of the petitioner is liable to be counted towards qualifying service for the purposes of applicability of CCS Rules, 1972, the bench underscored. In view of the said legal position the the court directed the Respondents to consider the contractual service of the petitioner as a component of qualifying service for the purpose of pension under CCS Rules, 1972 and to grant him pension strictly in terms of CCS Rules, 1972, with effect from the date of his superannuation alongwith arrears within six weeks, failing which arrears shall entail interest @ 12% per annum, till the date of actual payment.