Vidya Nand Mishra vs The State of Bihar

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.