APARESH KUMAR SINGH, J. - (1.) Heard learned counsel for the petitioner and learned counsel representing the respondents.
(2.) Short question which arises for determination in the instant writ petition is whether applicant in O.A. No. 61 of 2012(R) and thereafter in O.A. No. 051/00232 of 2015(R) who is writ petitioner herein would be entitled to count his services from 12.5.1976 in order to avail the benefit of Pro-rata Pension Scheme contained in Circular No. 49012/15/2002-PRIW dated 24.7.2002 issued,by the Department of Coal, Government of India (Annexure-A to the counter affidavit). The writ petitioner would be completing 9 years and 9 months as on 1st October, 1986 i.e. the cut-off date under the scheme in order to qualify for Pro-rata Pension Scheme, if his period of service is reckoned from 12.5.1976. The learned Central Administrative Tribunal however on the basis of the written statement of the respondents came to hold that the applicant had joined service as Work Charged Mazdoor on 21.6.1977 forenoon and, therefore, did not complete the required period of 9 years 9 months till 1st October, 1986 to avail the scheme.
(3.) The applicant being aggrieved, preferred the present petition. The respondents on being asked had contested it by filing a counter-affidavit also enclosing the service book of the petitioner. The service book of the petitioner does not show as to when it was opened though it bears signature of Executive Engineer No. 1, Coal Mines Welfare Works, Dhanbad and also a broken signature in Hindi on the part of the employee that is the writ petitioner. The first endorsement in the service book which is made by same Executive Engineer again does not bear any date. It shows that the petitioner had joined as Work Charged Mazdoor on 21.6.1977 in the pay scale of 196-232. Subsequent entry showed that he had been granted increment at the rate of Rs. 199 and 202 on 21.6.1978 and 21.6.1979 respectively i.e. after one year of his appointment. The subsequent endorsement in the service book shows that the applicant had been taken on regular strength of the division with effect from 18th April, 1981. Petitioner on his part relied upon the office order No. 15 of 1976 dated 11.5.1976 and office order No. 19 of 1976 dated 22.5.1976 (Annexure 2 and 2/A) issued by the officer holding the same post of Executive Engineer No. 1, Coal Mines Welfare Works, Dhanbad. The office order No. 19 of 1976 indicates that persons named therein including the petitioner had reported for duty with effect from the date mentioned against the name of each of them and had been taken on the strength of Work Charged Establishment of that Division from the same date. Against the name of the petitioner the date of joining is shown as 12.5.76. If the date of joining of the petitioner is reckoned from 12.5.76, he would be entitled to qualify for the Pro-rate Pension in terms of the Circular dated 24.7.2002.;