PATNA, India, Oct. 3 -- Patna High Court issued the following judgment on Sept. 4:
Heard Dr. Iti Suman, learned counsel for the petitioners.
2. The present writ petition has been filed for setting aside the order dated 27.09.2024 passed in OA No. 050/0061 of 2023 by the learned Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as CAT).
3. The learned CAT has been pleased to allow the aforesaid OA and the learned CAT has also held that the applicant was entitled for pension to be computed as per findings recorded in the order and the petitioner herein Respondents were directed to settle the pension, family pension and all other retiral benefits accordingly and pay the arrears within period of three months from the date of production/receipt of order with interest @ 8 % per annum from the date of entitlement failing which the interest shall be paid @ 9% per annum from the date of entitlement till final payment.
4. The applicant/respondent was engaged as contingent paid Mali at Divisional Office Gaya on payment of monthly allowance w.e.f. 01.02.1985. Services of the applicant/respondent was enhanced for seven hours w.e.f 01.08.1993 and allowance was also enhanced from Rs. 565/- to Rs. 659/- vide order dated 29.07.1993. The applicant/respondent was entrusted with additional duty of Caretaker in Inspection Room and accordingly his duty enhanced from seven hours to eight hours vide order dated 23.02.1999. The applicant/respondent was conferred temporary status of Group D cadre being full time contingency paid staff w.e.f. 01.03.2000 vide order datd 01.03.2000. The applicant/respondent was granted temporary status of Group D from 01.03.2000 and continued working in the same condition upto his retirement i.e., 31.08.2022. The applicant/respondent made representation on 12.09.2018 to the respondents requesting for regularization of his services and again just few days before his retirement, the applicant/respondent made yet another representation dated 25.07.2022. The applicant/respondent is claiming that he was conferred temporary status on 01.03.2000 and remained in job upto 31.08.2022 and has worked as temporary status for 22 years and 5 months and, therefore, 50% of this period is required to be reckoned towards qualifying service and his services would be more than the required 10 years. Hence, he is entitled to pension in old pension scheme from 01.09.2022.
5. It has been informed by the Bar that the similar issue has been decided by this Bench in the case of The Union of India and Ors Vs. Pramila Devi vide order dated 01.09.2025 and by a Co-ordinate Bench of this Court in the case of The Union of India and Ors Vs. Meena Dive @ Meena Kumari passed in C.W.J.C No. 7760 of 2015 which was decided on 08.12.2022. The relevant portion of C.W.J.C No. 7760 of 2015 are quoted herein below:-
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Disclaimer: Curated by HT Syndication.
