Pension – 10 Years of Service Required ?
Nainital High Court
A single bench of Judge of Justice Lokpal Singh of Nainital High Court that analysed that if for allowing Pension, 10 years of service is required ?
Facts: Dalbir Singh Bisht, a resident of Chamoli, filed a petition saying that in 1987, he was appointed as a typist in the Forest Department as a daily laborer. In 2012, the petitioner was selected for Forest Guard. Bisht retires in 2019.
Why did the forest department refuse to give pension? According to the Section 6 (a) of Uttarakhand Retirement Benefit Act, 2018, pension will not be allowed if you have less than 10 years of service. Therefore, the Forest Department refused to give the pension, saying that he did not have ten years of regular service in the post of forest guard. The petition sought a pension granting to the daily laborer
Held: After hearing the case, a single bench of Judge Justice Lokpal Singh has ordered the government to award pension on the basis of Supreme Court’s decision in Prem Singh v. Government, adding service of daily labor from 1987. It is noteworthy that Bisht continued to be the state president of Uttaranchal Forest Workers Union from 1991 to 2012. Due to which he had to become hostile to high officials.
This is the reason why the department regularized them after junior employees. He has also mentioned this in his petition.
High Court allowed the petition of forest department and pleased to pass order to allow pension by adding his services from 1987.
This decision of the court will largely benefit pension-deprived forest employees.