RANCHI, India, March 31 -- Jharkhand High Court issued the following order on Feb. 27:

1. Heard the learned counsel representing the petitioners and the learned counsel representing the respondents.

2. The petitioners prays to quash Order No. 154 of 2024 contained in Memo No. 660 dated 5.11.2024 whereby their earlier service was not counted for the purpose of grant of pensionary benefits.

3. This is the second round of litigation. The petitioners earlier moved this Court by filing WP(S) No. 3198 of 2023 which was disposed of on 25.04.2024 with the direction to the respondents to consider the case of the petitioners.

4. The respondents thereafter considering the case of the petitioners, dismissed the claim on the ground that the appointment of the petitioners in 2013 pursuant to the advertisement of 2009 is a fresh appointment, thus this writ petition was filed.

5. Admittedly the petitioners were earlier working under the respondents and their payment were made on daily wage basis. Thereafter the advertisement was published in 2009 for appointment for which the petitioners applied and the petitioners were considered for appointment and appointment letter was issued to the petitioners in 2013.

6. From the impugned order it is clear that weightage was given to the petitioners for their past service which they have rendered with the respondents and after giving such weightage the petitioners qualified and they were appointed.

7. The aforesaid fact clearly suggest that the respondents also admits that the petitioners worked under the respondents prior to their appointment.

8. From the impugned order, I also find that the respondents have not granted pension to the petitioners and arrived at a conclusion that they are not qualified to get pension on the ground that they have not completed 10 years of the qualifying service which is mandatory for payment of pension. They have also taken a plea that since some weightage was given at the time of appointment to the petitioners in respect of their past service, no further relief can be granted to the petitioners.

9. Admittedly the petitioners from the date of their appointment have not completed 10 years which is qualified service for grant of pension but the fact which is undisputed that the petitioners also served with the respondents for some period much prior to that.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x7qa1FICkZ8qe5cetrw4WzDzPl1Y%2BNEencGiQLuX8kns&caseno=WPC/3254/2025&cCode=1&cino=JHHC010189272025&state_code=7&appFlag=)

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