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Judgment
This writ application has been filed by the petitioner for issuance of a direction to the respondents to pay his due retiral benefits after counting the service with effect from 29.07.1981 to the date of retirement on 28.02.2014.
It would be evident from the representation filed on behalf of the petitioner as contained in Annexure- 3 to the writ
application that earlier, the petitioner was a daily wage employee and he was taken in regular establishment on a Class-IV post with effect from 07.12.2004. He retired on attaining the age of superannuation on 28.02.2014. Thus, the petitioner had served on a Class-IV post for a period of about nine years and three months only.
As per the provision under the Bihar Pension Rules, 1950 (for short "Pension Rules"), an employee under the Government service would be entitled for pension if he has completed the service for more than 10 years.
Rule 58 of the Pension Rules stipulates that the service of a Government employee does not qualify for pension unless it conforms to the following three conditions;
First - The service must be under Government.
Second- The employment must be substantive and permanent.
Third- The service must be paid by Government.
Since prior to 07.12.2004, the service of the petitioner was neither substantive nor permanent, as he was working on daily wages, the same cannot be counted for making the service of the petitioner pensionable.
Accordingly, the writ application, being devoid of merit, is dismissed.