IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 3603 of 2008. Decided on: 04.03.2010. __________________________________________________________ Mehar Chand. … Petitioner. Versus State of Himachal Pradesh & Others. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 Yes. For the petitioner : Mr. Shashi Shirshoo, Advocate. For the Respondents : Mr. Rajinder Dogra, Additional Advocate General for respondents No.1 to 3. Mr. Lokinder Pal Thakur, Advocate for respondent No.4. Rajiv Sharma, J. (Oral): Material facts necessary for adjudication of this petition are that the petitioner joined as part-time Water Carrier in Government Primary School (Girls), Tikker, under Pragpur Block, District Kangra in the year 1968. Thereafter he was appointed as contingent paid employee in March, 1972 in Government Primary School, Tikker, District Kangra. He worked as contingent paid employee since March, 1972 to 18th November, 1986. He was regularised as Chowkidar vide letter dated 6.11.1986. He retired from service on 31.7.1995. Respondents No.1 to 3 submitted the relevant documents of the petitioner for pension 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes. - 2 - to respondent No.4. However, respondent No.4 rejected the case of the petitioner on 12.7.1995 (Annexure A-5). The petitioner made another representation vide Annexure A-7. The same was rejected by respondent No.4 on 10.4.1997. The case of the petitioner, in nutshell, is that half the service rendered by the petitioner on contingent paid basis is required to be counted for the purpose of pension as per Government of India’s Decision No.(2), dated 14th May, 1968, appended below Rule 14 of the Central Civil Services (Pension) Rules, 1972. Mr. Rajinder Dogra, learned Additional Advocate General and Mr. Lokinder Pal Thakur, Advocate, appearing on behalf of the respondents have argued that the service rendered by the petitioner on contingent paid basis cannot be counted at all. I have heard the learned counsel for the parties and gone through the pleadings carefully. The petitioner has worked on contingent basis with effect from March, 1972 to November, 1986. He was regularised vide order dated 6.11.1986. It will be apt at this stage to reproduce Government of India’s Decision No.(2), dated 14th May, 1968, appended below Rule 14 of the Central Civil Services (Pension) Rules, 1972, which reads thus:- “(2) Counting half of the service paid from contingencies with regular service. – Under Article 368 of the CSRs (Rule14), periods of service paid from contingencies do not count as qualifying service for pension. In some cases, employees paid from contingencies are employed in types of work requiring services of whole-time workers and are paid on monthly rates of pay or daily rates computed and paid on monthly basis and on being found fit brought on to regular establishment. The question whether in such cases service paid from contingencies should be allowed to count for pension and if so, to what extent - 3 - has been considered in the National Council and in pursuance of the recommendations of the Council, it has been decided that half the service paid from contingencies will be allowed to count towards pension at the time of absorption in regular employment subject to the following conditions, viz.:- (a) Service paid from contingencies should have been in a job involving whole-time employment (and not part-time for a portion of the day). (b) Service paid from contingencies should be in a type of work on job for which regular posts could have been sanctioned, e.g., malis, chowkidars, khalasis, etc. (c) The service should have been one for which the payment is made either on monthly or daily rates computed and paid on a monthly basis and which though nor analogous to the regular scale of pay should bear some relation in the matter of pay to those being paid for similar jobs being performed by staffs in regular establishments. (d) The service paid from contingencies should have been continuous and followed by absorption in regular employment without a break. (e) Subject to the above conditions being fulfilled, the weightage for past service paid from contingencies will be limited to the period after 1st January, 1961, for which authentic records of service may be available.” A bare perusal of Government of India’s Decision No.(2) (supra), makes it abundantly clear that a person who has been paid out of contingencies funds and is not appointed as part-time, is entitled to get half the service counted for the purpose of pension. Petitioner has worked for 14 years on contingent basis. His 7 years service is required to be counted for the purpose of pension since his contingent appointment has been followed by regular appointment. - 4 - In view of the observations made hereinabove, the petition is allowed. Annexures A-5, dated 12th July, 1995 and A-8, dated 10th April, 1997 are quashed and set aside. The respondents are directed to consider the case of the petitioner for pension after counting half the service rendered by him on contingent basis as indicated hereinabove within a period of eight weeks from today. He shall be entitled to interest at the rate of 9% per annum on delayed retiral benefits. There shall, however, be no order as to costs. (Rajiv Sharma), J. March 04, 2010. (sck).