#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

[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

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[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

[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

[hon-bookstore]

New at @hon_bookstore @libraryexcavations with the Library Excavations zine series in which Marc Fischer shines a light on physical materials found at the Chicago Public Library. Health and Safety #10 22 x 14 cm Full color offset and two-color Risograph 36 pp. Defense Drama #11 22 x 14 cm Full color offset 32 pp. Montana Prison News #12 22 x 14 Full color offset 32 pp. 5 € each DM to purchase or for more info ! #zines #prints #publiclibraries #marcfischer #publiccollectors #temporaryservices #halfletterpress (à 本 \hon\ books) https://www.instagram.com/p/CMCCNxoBi6r/?igshid=kh6e6zmkbp7