Pension -- Long-Serving Daily Wage Employee -- Absorption as fresh appointee cannot obliterate past continuous service
(i) Bihar Pension Rules, 1950, R.58, R.59 -- Pension -- Long-Serving Daily Wage Employee -- Continuous service of several decades on a sanctioned post cannot be obliterated merely by treating the employee as a fresh appointee on regularization -- State must take a conscious decision on whether past service counts for pension -- Absorption as fresh appointee alone cannot defeat this consideration. (ii) Bihar Service Code, R.78 -- Pay Protection -- Daily Wage Employee Absorbed as Fresh Appointee -- Pay protection granted and later withdrawn on the ground that the rule applies only to appointed government servants requires fresh examination in light of the employee’s long unbroken service -- Reduction in pay on absorption cannot be sustained without such examination. (iii) Constitution of India, 1950, Art.14 -- Pension -- Parity with Juniors Granted Notional Regularization -- Identically placed juniors granted notional regularization for pensionary computation by the same department raises a claim of parity -- Such claim requires detailed examination of status, engagement dates and applicable policy of the comparator employees, and cannot be rejected without that verification.
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