Mirza Zafar Begg v. Jamia Millia Islamia Through Its Registrar & Anr.

1. The petitioner has filed this writ petition seeking the relief of grant of pensionary benefits by including the period of initial employment as an ad hoc employee/Personal Assistant with the respondent No.1-University in March, 1988, instead of the subsequent date taken of 17.1.1995. It is not disputed that the petitioner did in fact join the services of respondent No.1 as Personal Assistant in March, 1988, and thereafter the petitioner’s services 2013:DHC:496 were regularized on the said post of Personal Assistant in the Department and Faculty of Engineering and Technology w.e.f 17.1.1995. The petitioner thereafter retired on 30.6.2004.

2. Ordinarily, entitlement to pension is after completion of ten years of service, and which in the present case if the petitioner is taken to have been appointed on 17.1.1995, cannot be said to be completed.

3. The petitioner however relies upon the clarification dated 11.6.2004 issued by the respondentNo.2/Ministry of Personnel, Public Grievances and Pensions. This circular provides that if there is only a technical break between different periods of ad hoc services, then, the total periods of the ad hoc services have to be counted as qualifying services alongwith the regular services for pension purposes. This letter dated 11.6.2004 reads as under:- “ 3rd Floor Lok Nayak Bhavan, New Delhi-110 003, 11th June, 2004. To Prof. Zahid H. Khan, Jamia Millia Islamia University, Maulana Mohammad Ali Jauhar Marg, New Delhi-110025 Subject: Relaxation of 3 days in minimum qualifying service for grant of pension or Counting of ad-hoc service as qualifying service for pension-Case of Shri M. Zafar Begg. ************************************************ Sir, I am directed to refer to Jamia Millia Islamia (JMI) University’s letter No.2359(MZB)RO/Estt./2004 Dr.No.16 dated 8th June, 2004 on the subject cited above and to say that the minimum qualifying service required for grant of pension as provided in Rule 49(2)(b) is ten years. Under the provision of Rule 49(3) the above condition stand automatically relaxed by 3 months for rounding of 9 years 9 months qualifying service to 10 years. Further relaxation of 3 days to above condition is not possible. However, as far as clarification relating to technical breaks is concerned, it may be clarified here that technical break(s) of one or two days given due to administrative reasons between ad-hoc service or between ad-hoc and regular service, are not to be treated as interruption w.r.t. to condition (iv) below for the purpose of counting of ad-hoc service as qualifying service in continuation with regular service, for pension purpose subject to satisfaction of following conditions:

(i) The ad-hoc appointments are made/continued with the approval of the competent authority.

(ii) The ad-hoc appointees satisfy the educational and other essential qualifications prescribed for appointment on a regular basis. (iii)The ad-hoc appointees are allowed the same pay and allowance and other conditions as are applicable to those appointed on a regular basis and

(iv) The ad-hoc service is continuous and is followed without interruption by regular appointment (substantive or officiating or temporary).

2. The case of Shri M. Zafar Begg may be settled accordingly. Yours faithfully, (Geeta Ram) Director (PW)” (underlining is added)

4. The respondent No.1 though had filed a counter affidavit disputing in law the entitlement of the petitioner, however, the respondent No.1 has subsequently filed an affidavit dated 2.11.2012 giving the total period of ad hoc services alongwith artificial breaks, of the petitioner, and the details are as under:-

1. Ad-hoc Four three months w.e.f. the date of joining i.e. 2.3.88 ---

2. Ad-hoc w.e.f. 3.6.88 to 2.9.88 or till regular selection is made whichever is earlier 02.06.1988

3. Ad-hoc w.e.f. 5.9.88 to 4.12.88 or till regular earlier 3 (Sat), 4(sun).9.1988

4. Ad-hoc w.e.f. 5.12.88 to 4.3.89 or till regular earlier Continued

5. Ad-hoc w.e.f. 8.3.89 to 7.9.89 or till regular earlier 5(sun), 6& 7 (H/B),3.1989

6. Ad-hoc w.e.f. 11.9.89 for a period of 180 days or till the selection on the post through S.C. whichever is earlier 8(H/B),9(Sat) & 10(sun).09.1988