Work-Charge Employees with Fifteen Years of Service Entitled to Pensionary Benefits Regardless of Formal Regularization

The petitioner was appointed as a Choukidar/Majdoor on a work-charge basis on January 4, 1986, against a regular sanctioned post with a permanent pay scale.

He served for approximately 35 years before superannuating in February 2021.

Despite completing over 15 years of service in a temporary establishment, the respondents failed to release his pensionary benefits, gratuity, and arrears of salary.

Whether a work-charge employee who has completed more than fifteen years of service is entitled to pensionary benefits despite the absence of a formal order of regularization.

Rule 103 and Rule 58 of the Bihar Pension Rules (as adopted by Jharkhand), which define the conditions for qualifying service and entities entitled to pension.

The principle that work-charged employees who have completed more than 15 years of continuous service against sanctioned posts are entitled to pensionary benefits under the same terms as regular employees.

The court examined the petitioner's long duration of service (35 years) and noted that his appointment was made against a regular sanctioned post with a permanent pay scale.

The court reasoned that after completing the requisite period of service in a temporary or work-charge establishment, the non-issuance of a formal regularization order by the State cannot be used as a ground to deny pensionary benefits.

The respondents are directed to process and release the pensionary benefits and arrears of salary to the petitioner within a specified timeframe.