For the purpose of pension calculation the past service as Contractual employee has to be included : Supreme Court
The case stemmed from State of Himachal Pradesh's appeal against a High Court decision directing pension calculations to include past contractual employment. The respondents, initially hired on contract, were later regularized. The State initially rejected their claim for pension calculation including the contractual period.
The State's argument based on Rule 2(g) of the CCS Pension Rules, 1972, which seemed to exclude contractual employees, the Court disagreed. The Court emphasized that Rule 17, allowing service as a contractual worker to count towards pensions, was introduced to ensure continuity when such employees are later regularized. The Court noted that Rule 2(g) includes the phrase "save as otherwise provided in the rules," indicating the potential application of other rules.
The Supreme Court ruled that past service as a contractual employee should be considered for pension calculation. The Court instructed State of Himachal Pradesh to complete this process within 3 months for employees in education and ayurvedic departments.