ups_01183 — Placement in prescribed pay scale for over 30 years, enables the individual to claim pension

Placement in prescribed pay scale for over 30 years, enables the individual to claim pension — This chunk is a part of an order in a case numbered O.A. No. 621 of 2016, concerning a dispute over pension benefits for an individual who was appointed as a medical compounder on ad hoc basis at Cen... — Facts: The Applicant was called for interview for the post of Veterinary Compounder/Stockman at Central Cattle Breeding Farm (CCBF), Dhamroad. However, the Applicant was accorded ad hoc appointment vide Order, dated 23-9-1978 by the Director of CCBF for the post of Medical Compounder in the pay scale of ₹ 260-400 plus usual allowances. Above scale was meant for the post of Veterinary Compounder / Stockman for which the Applicant applied for. During his tenure, he was also granted Tribal Allowances. On reaching the age of superannuation, the Applicant was relieved from services on 31-5-2014 but the Applicant was not granted any benefit of retirement which has been impugned in this OA. After retirement, the case of Applicant was referred to Department of Personnel & Training being Nodal Department for their consideration for grant of pension and pensionary benefits. The department had sought relaxation in RRs to enable the individual to pensionary benefits. DoP&T did not agree to the proposal. Hence, grant of pensionary benefits cannot be acceded to. The Applicant impugned the above letter and prayed for grant of pension with interest. He also prayed to get the retirement benefits and pension as he has served satisfactorily to the department from 1976 till 2014. Respondents have filed their reply and denied the contentions of the Applicant. The Applicant did not fulfil the essential qualification for those posts. Applicant was appointed as a medical compounder purely on ad hoc basis. It is only because the Applicant was working continuously on ad hoc basis, the Department of Animal Husbandry, Dairying and Fisheries under Ministry of Agriculture and Farmers welfare examined his pension case and thereupon the case was proposed to DoP&T for consideration. The Applicant's pension case along with relevant documents had been sent to Ministry for its consideration. During the pendency of this OA, the Applicant died and his legal heirs were substituted and permitted to continue this OA. It is not in dispute that the Applicant was offered appointment on ad hoc basis to the post of Medical Compounder in Central Cattle Breeding Firm (CCBF) in the pay scale of ₹ 260-400. It is also not in dispute that though the Applicant applied for the post of Veterinary Compounder / Stockman, looking to the fact of non-availability of qualified candidates for the said post he was accorded appointment on the post of Medical Compounder. However, he was not granted the pay scale of Medical Compounder. The pay scale of fully qualified Medical Compounder was ₹ 330 - 560 and pay scale of the non-qualified Medical Compounder was ₹ 330 - 480. The Applicant was not having the qualification for Pharmacist. Service of the Applicant was satisfactory and he was never given any warning in his whole service career. Department continuously recommended the case of the Applicant for regularization but Government did not agree. If the Applicant was getting the regular pay scale of Medical Compounder/Stockman for more than 30 years after his ad hoc appointment, then there was no point in denying the pension and pensionary benefits, particularly in view of the fact that his service was all along satisfactory, the post existed all along and no regular appointee even came on that post. If he was not regularized, even as department tried to do so, it is not the fault of the Applicant. The Respondents should have sorted out the issue rather than allowing it to drift to this predicament.