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Patna High Court: Pension Can’t be Denied to Temporary Employee

Patna High Court: Pension Can’t be Denied to Temporary Employee

In a landmark decision, the High Court of Judicature at Patna has ruled in favour of pension entitlement for writ petitioner Ram Vyas Dubey, dismissing the appeal filed by the Registrar General of the Patna High Court. 

The Division Bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy upheld the order issued by the Single Judge, ensuring Mr. Dubey’s pension benefits.

Mr. Dubey, who had served as a Daily Wage (Literate) Mazdoor and later as an Ex-Cadre Assistant, approached the court after being denied his pension benefits due to insufficient regular service, falling short of the mandated 10-year threshold. The learned Single Judge, in a well-reasoned order dated November 12, 2014, directed the relevant authorities to consider Mr. Dubey’s service from May 1988 to August 10, 1994, along with his service from March 18, 2004, to October 31, 2010, for the purpose of calculating and releasing his pension.

However, dissatisfied with the decision, the Registrar General appealed the ruling, arguing that Mr. Dubey did not meet the required 10 years of regular service and contending that the Bihar Pension Rules, specifically Rules 59 and 63, were not applicable in his case.

After carefully reviewing the arguments presented by both parties and examining the relevant provisions, the High Court dismissed the appeal and placed significant importance on Rule 59 of the Bihar Pension Rules, which permits the consideration of temporary service if it surpasses 15 years. This ruling established Mr. Dubey’s eligibility for pension benefits, as his continuous service fulfilled the conditions outlined in Rule 59.


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