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2001 DIGILAW 673 (KAR)

B. H. Mahadevappa v. Karnataka Power Transmission Corporation Limited

2001-08-28

CHANDRASHEKARAIAH

body2001
ORDER Chandrashekaraiah, J.—The Petitioners in these writ petitions are seeking for quashing of Annexure 'A' dated 23.11.2000 under which their service on daily wage basis were not included for the purpose of calculating pension. 2. The contention of the Petitioners is that the service rendered by them on daily wage basis should be taken into account for calculating their qualifying service for the purpose of computing pension. The Petitioners contends that the Respondents have committed an error in excluding the period during which they rendered their service in TTR establishment, for the purpose of pension. 3. The learned Counsel for the Respondents submits that the Petitioners are not entitled for counting the service rendered by them on daily wage basis as TTR employees, as they are directly selected and appointed. 4. In order to ascertain whether the Petitioners were absorbed into regular cadre and selected and appointed by way of direct recruitment, a reading of Annexure 'B' is necessary. Annexure 'B' read as follows: Agreeably to Official Memorandum No. A/AOE/EC4/ 21512-17 dated 28th November, 1974 of the Chief Engineer, Electricity (General) conveying approval for absorbing T.T.R. men duly condoning their over-age, the following men borne in the temporary time rolls who were selected in the screening held on 20.6.1974, are appointed as Linemen/Helpers/ Lab.III-Class in grade 70-2-76-3-94-4-118 and posed to sections noted against each. They are directed to report for duty within 7 days from the date of this order failing which their claim over the appointment shall pass over. They should produce physical fitness and character certificates along with proof of age viz., school certificate and such of those who are not able to produce proof of age should give a declaration in the enclosed proforma. It should be noted that the appointments made are purely on temporary basis and they are liable to be dispensed with at any time. 5. From a reading of Annexure 'B', it is clear that the Petitioners were all absorbed under TTR, condoning their over age if any. If that is so, it cannot be said that the Petitioners were directly selected and appointed. Further, the Respondents have not produced any notification calling for application for appointment and thereby the Petitioners being the applicants were selected to the posts. 6. If that is so, it cannot be said that the Petitioners were directly selected and appointed. Further, the Respondents have not produced any notification calling for application for appointment and thereby the Petitioners being the applicants were selected to the posts. 6. Regulation 182 of the Karnataka Electricity Board Employees' Service Regulations reads as follows: The Board may, by general or special order, permit non- pensionable service for performing which an employee is paid from the Board fund, to be treated as service qualifying for pension. In issuing such an order, the Board may specify the method by which the period of qualifying service shall be calculated and may impose any condition which it thinks fit. Note.-(1) Full service rendered by an employee under workcharged establishment shall be considered as qualifying service for the purpose of pensionary benefits. (2) Employees borne on the TTR establishment of the Board subsequently absorbed permanently to the pensionable establishment under the Board are entitled to count one fourth of their service rendered in TTR establishment subject to a maximum of 3 years for purpose of pensionary benefits. 7. From a reading of Regulation 182 of the Karnataka Electricity Board Employees' Service Regulations, it is clear that the employees borne on the TTR establishment of the Board subsequently absorbed permanently to the pensionable establishment under the Board are entitled to count one fourth of their service rendered in TTR establishment subject to a maximum of 3 years for the purpose of pensionary benefits. If that is so, the Petitioners are entitled for getting their service rendered in TTR establishment, counted for the purpose of pension. 8. Hence, the following Order: Writ Petition is allowed. Annexure 'A' is quashed. The Respondents are directed to count the service rendered by the Petitioners in TTR establishment as qualifying service for the purpose of pension and other benefits and pay them under Note 2 of Regulation 182 along with arrears if any. Compliance by three months.