Forest Guard’s 12 Years Of Continuous Muster Service Count Toward Pension, MP HC Upholds

The respondent was engaged as an Office Assistant (Muster Employee) in the Madhya Pradesh Forest Department in April 1987 and was regularised as a Forest Guard on 31 March 1999.

He retired on 30 June 2025. After his application to count his pre-regularisation service for pension was rejected, he challenged that decision in a writ petition. The Single Judge allowed the petition, holding that his service from April 1987 should count for pension. The State appealed, arguing that the pre-regularisation period was not regular service and that the respondent’s position differed from that of an employee appointed against a sanctioned post.

Rule 6(2) of the Madhya Pradesh (Work Charged and Contingency Paid Employees) Pension Rules, 1979 provides that, upon absorption of a permanent employee without interruption against a regular pensionable post, the service rendered is to be counted for pension as if it had been rendered in a regular post; the Rule applies to service rendered from 1 January 1959 onwards.

The Court also relied on Bhikhani Devi v. Union of India, which referred to Yashwant Hari Katakkar v. Union of India, for the principle that long-serving casual or temporary employees should not be denied pensionary benefits solely for want of formal regularisation where the circumstances warrant recognition of their service and status.

The Court treated the respondent’s appointment in 1987 and his continuous service until regularisation in 1999 as bringing his pre-regularisation service within Rule 6(2), which covered service rendered after 1 January 1959.

The State’s contention that the respondent’s case was distinguishable from that of an employee appointed against a sanctioned post did not persuade the Court to interfere.

The Court dismissed the State’s appeal. No order as to costs was made.