#TemporaryServices

[seemabhatnagar]

Claim of service benefit or pensionary benefit

Civil Appeal Director General Doordarshan Prasar Bharti Corporation & Anr. v. Smt. Magi H Desai

The #GujratHighCourt allowed the Special Civil application of the present Respondent/Smt. Magi H Desai & directed that her #services rendered as #contractual shall be liable to be counted as #temporaryservice for the purpose of calculating the qualifying service for #pensionary / #retiralbenefits. Against this order the #DirectorGeneralDoordarshan Prasar Bharti Corporation of India filed Civil Appeal before the Hon’ble #ApexCourt.

Facts:

1.     The respondent was engaged on contractual basis as General Assistant since 1985. Her services were extended from time to time with a break of few days.

2.     The respondent filed Original Application (OA) before Central Administrative Tribunal(#CAT). Her OA was partly allowed with a direction to the department to pay her the same salary and allowances that were being paid to other regular General Assistants/Clerks from October, 1990 with arrears.

3.     Pursuant to the order of CAT the services of the Smt. Desai came to be regularized as Lower Division Clerk with effect from 31.03.1995 pursuant to the Scheme of Regularization of Casual Staff Artists of Doordarshan, 1992/94.

4.     After regularization of her services Smt. Desai/present respondent approached CAT for consideration of her past services rendered on contractual basis. CAT rejected her application. Respondent than approached Gujrat High Court.

5.     The High Court was pleased to permit her to move a #representation before the Department. She moved Representation before the Department.

6.     Department rejected her representation for giving her the benefit of casual/contractual services rendered by her from 1985 till 31.03.1995 for calculating the pensionary/service benefit.

7.     Against the rejection of her representation the respondent filed another OA which was also rejected by the CAT observing that the services rendered by the respondent as contractual basis cannot be treated as temporary service and therefore the services rendered as such shall not be counted for the purpose of retiral benefits/service benefits.

8.     This dismissal order became the subject of fresh Writ Petition (WP) before Gujrat High Court. The High Court allowed the WP and observed that the services in temporary capacity will include the classes of temporary servants such as casual or even contractual for the purposes of calculating qualifying service in accordance with the rules and accordingly she shall be paid the pension on her retirement relying on Rule 13 of the #CentralCivilServices (#Pension) #Rules, #1972.

Issue: Services rendered on contractual or casual basis is temporary service or not?

 Argument of the appellant before Apex Court

1.     The services rendered as a casual/contractual employee cannot be said to be rendering services as a temporary employee and/or rendering a temporary service

2.     Therefore, #Rule13 of is not applicable and the services rendered by respondent as casual/contractual employee cannot be counted for the purposes of pensionary benefits/service benefits.

Argument of the Respondent

1.     Respondent is claiming 50% of the pensionary benefits of the service rendered on contractual basis.

2.     In other Departments a scheme is there on the basis of which the respondent is claiming service benefits.

Observation of the Supreme Court

1.     In the scheme of regularization through which respondent’s services were regularized there is no mention that the casual services shall be counted towards service benefits/pensionary benefits.

2.     The respondent is governed by Central Civil Services (Pension) Rules, 1972.

3.     Rule 13, provides for #commencement of #qualifyingservice. Accordingly, qualifying service of a Government servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity without any interruption by substantive appointment in the same or another service or post.

4.     On fair reading of Rule 13 of Central Civil Services (Pension) Rules, 1972 it is found that the High Court has materially erred in observing that the contractual service would be qualified as service in a temporary capacity.

5.     Merely because some other departments might have pensionary schemes, the respondent shall not be entitled to the same benefit in absence of any scheme in the appellants’ department in which the respondent had rendered her services.

6.     However, counsel of the respondent is not in a position to point out any statutory provision under which the respondent is claiming 50% services rendered as a casual/contractual for the purposes of pensionary benefits/service benefits.

Decision: The Bench of Hon'ble Mr. Justice M R Shah J & C T Ravikumar J quashed and set aside the judgment and order passed by the Gujrat High Court as unsustainable and the same deserves to be set aside.

[insurrectionaryam]

Self-Publish to Bypass Gatekeepers poster by Kione Kochi in collaboration with Temporary Services www.halfletterpress.com/self-publish-to-bypass-gatekeepers-poster

[halfletterpress]

Just banged out 225 more copies of this lil’ Temporary Services booklet we first published back in 2002. Now in pretty medium blue ink. Available in our webstore now. #temporaryservices #groupwork #RISO https://www.instagram.com/p/B2GBAselzhO/?igshid=1acq2zfr3n1ln

[quimbys]

New Marc Fischer zine in "Hardcore Architecture: Thrash Advertising" which really rolls off the tongue, is packed full of cool mail-order-ephemera-&-etc, is $20, and currently for sale inside of Quimby's Bookstore in Chicago IL USA on the planet Earth. 😈🤘 #quimbys #quimbysbookstore #quimbysbookstorechicago #temporaryservices #hardcorearchitecture (at Quimby's Bookstore) https://www.instagram.com/p/Bohx077nYqz/?utm_source=ig_tumblr_share&igshid=ufkil5c0m9sn

[martach]

Recommended reading for my fellow print folks: Great essay on the publishing philosophy and processes of #HalfLetterPress & #TemporaryServices. Lovely to meet these folks at the Chicago Art Book Fair last year and pick up more of their stuff at @printedmatterinc a few weeks ago #printisnotdead

[quimbysbookstorenyc-blog]

TWO new zines from Half Letter Press. Library Excavations #7 & Abandoned Signs. This publisher never disappoints! #halfletterpress #temporaryservices #publiccollectors #abandonedsigns #vhstapes @quimbysbookstorenyc #zines #zinester #zinestore #williamsburgbrooklyn #brooklynbookstore (at Quimby's Bookstore NYC)

[alexindiagroup-blog]

Inside the Palace Book 2 Chapter 48: (Continued from earlier posts)After the Spring of 1998 we began to have a series of problems with our receivables. Different clients began having problems meeting their obligations. As mentioned in earlier posts we opened a second corporation called Couloir Company to offload and divide the temp clients from the payroll clients. That lead us to become a PEO. But as the summer approached, I realized after reviewing my spreadsheets that much like the Titanic, we had a weak spot. If hit from the right angle, we would go down like the Lusitania. (To be continued in the next post) #alexindia #alexindiapalace #parris #policy #busted #professionalemployerorganization #travel #businessloss #marketingtools #bankruptcy #rulebook #temporaryservices #disaster #1998 #fortworthtx #construction #texas #texasbusiness #northtexas #tempservice #staffing #sportsillustrated #staff #entrepreneur #business #businessman #businesslessons #financialloss #marketingstrategy #sales (at Fort Worth, Texas)

[paper-news-blog]

Paper News #11

download pdf

[beautifulinternet]

The Scale of the Hong Kong Protests is Insane Credit: @TemporaryService. See more here

[creativebrandnf]

#TemporaryServices #ScionStaffing For more information, visit: https://bit.ly/2LfYGqn | https://bit.ly/2PoK4KG

[hon-bookstore]

New in stock @hon_bookstore @publiccollectorsartistfiles Public Collectors publication #41 dives into the world of amateur guitarists. This collection started with the photo page 3 found by Marc Fischer at a flea market in Chicago... 22 x 14 cm Full color offset 24 pp. 5 € DM to purchase or for further info #zines #prints #publiclibraries #marcfischer #publiccollectors #temporaryservices #halfletterpress (à 本 \hon\ books) https://www.instagram.com/p/CMCCjKCBI_A/?igshid=ylkkt36q1kvo

[vilaformat]

http://temporaryservices.org/served/

"Temporary Services is Brett Bloom and Marc Fischer. We are based in Copenhagen and Chicago.

We produce exhibitions, events, projects, and publications. The distinction between art practice and other creative human endeavors is irrelevant to us.

The best way of testing our ideas has been to do them without waiting for permission or invitation. We invent infrastructure or borrow it when necessary. We were not taught this in school. We try different approaches, inspired by others equally frustrated by the systems they inherited, who created their own methods for getting work into the public.

Temporary Services started as an experimental exhibition space in a working class neighborhood of Chicago. Our name directly reflects the desire to provide art as a service to others. It is a way for us to pay attention to the social context in which art is produced and received. Having “Temporary Services” displayed on our window helped us to blend in with the cheap restaurants, dollar stores, currency exchanges, and temporary employment agencies on our street. We were not immediately recognizable as an art space. This was partly to stave off the stereotypical role we might have played in the gentrification of our neighborhood. We weren’t interested in making art for sale. Within the boundaries of “what sells” artists often carve out tiny aesthetic niches to protect, peddle, and repeat indefinitely, rather than opening themselves up to new possibilities.

Experiencing art in the places we inhabit on a daily basis remains a critical concern for us. It helps us move art from a privileged experience to one more directly related to how we live our lives. A variety of people should decide how art is seen and interpreted, rather than continuing to strictly rely on those in power. We move in and out of officially sanctioned spaces for art, keeping one foot in the underground the other in the institution. Staying too long in one or the other isn’t healthy. We are interested in art that takes engaging and empowering forms. We collaborate amongst ourselves and with others, even though this may destabilize how people understand our work.

AGAINST COMPETITION

Much of the art world is structured to favor competition. Grants are competitive. Students compete for funding. Hundreds compete for a single teaching position. Artists compete with artists – stealing ideas instead of sharing them, or using copyright laws to prohibit thoughtful re-use. Artists compete for shows in a limited number of exhibition spaces instead of finding their own ways to exhibit outside of these venues. Artists conceal opportunities from their friends as a way of getting an edge up in this speculative capital-driven frenzy. Gallerists compete with other gallerists and curators compete with curators. Artists who sell their work compete for the attention of a limited number of collectors. Collectors compete with other collectors to acquire the work of artists.

Temporary Services seeks to create and participate in ethical relationships that are not competitive and are mutually beneficial. We develop strategies for harnessing the ideas and energies of people who may have never participated in an art project before, or who may feel excluded from the art community. We mobilize the generosity of many people to produce projects on a scale that none of us could achieve in isolation. We strive towards aesthetic experiences built upon trust and unlimited experimentation.

GROUP WORK & WORKING WITH OTHERS

Working together in a group gives us both the ability to do multiple projects at once and the flexibility to use each other’s experiences to our collective advantage. We like collaboration because of the inherent challenges and incredible possibilities that come from working with others. We utilize each other’s skill sets and trust in each other’s ideas because we have worked together for so long.

We are dedicated to finding ways of working together while still maintaining our own individual voices. A group is only healthy when the individuals are healthy. The reverse is equally true. Each of our viewpoints has room to breathe without the necessities of group speak. We do write together, and often speak in public together, but we don’t feel the need to dress or think alike. We sometimes work outside of the group and bring those experiences back to Temporary Services. Learning and working together, and with others, enriches each of our lives.

There has been a noted rise in the number of people making work in groups in the past decade. We document some of this activity at www.groupsandspaces.net, initiated as a research tool and to make groups more visible to one another. We took advantage of an offer from a sympathetic building owner and worked with like-minded practitioners to co-found Mess Hall, a keyholder-run, experimental cultural center in Chicago, in its fifth year."

[quimbysbookstorenyc-blog]

New from Temporary Services, Mobile Phenomena. Bookmobiles, mobile art projects and this street performer puppet. Maximum cool. #zine #zines #temporaryservices @quimbysbookstorenyc #brooklynbookstore #zinestore (at Quimby's Bookstore NYC)

[alexindiagroup-blog]

Inside the Palace Book 2 Chapter 60: (continued from the last post). Commodity prices on metals began to fall in Jan of 1998. It was the first indication that something was off in the economy. The summer of 98 was a series of unrelated disasters for TempWorks which resulted in its sale in the spring of 1999. And so, with the turning of the century, we shifted into a lower gear and started over with a new idea and a new company. The photo above is of my wife Sheri during her equestrian days of show ridding. It demonstrates our Undefeatable attitude in that era... we felt like we could jump any hurdle no matter what... the type of attitude you need as an entrepreneur. (The story is to be continued on the next post) #alexindia #alexindiapalace #parris #woodworking #woodcraft #travel #businesscards #recycledpaper #recycle #scrap #owner #metal #design #newbusiness #office #temporaryservices #texas #texasbusiness #northtexas #scale #turnofthecentury #horseshow #equestrian #entrepreneur #business #businessman #corporation #beginings #foundation #horsebackriding (at Fort Worth, Texas)

[creativebrandnf]

#TemporaryServices #ScionStaffing For more information, visit: https://bit.ly/2LfYGqn | https://bit.ly/2PoK4KG

[halfletterpress]

Found 16 copies of Temporary Conversations: Suzann Gage, by Bonnie Fortune, in storage. Will bring some to NYABF. #medicalillustration #feministhealth #temporaryservices