Service Matter

O. Mahalakshmi (Querist) 20 February 2010 This query is : Resolved
Dear Sir,

My father got temporary job as a driver in Mechanised Launch in Customs & Central Excise in Kakinada on 29-1-1985 for Rs.20/- per day. At the time of joining temporary his is 35 years and 1 month. One month age is extra than the required age. But his educational qualifications is enough and he has plenty of sea service. After that, he has taken as continue daily wages for regular salary from on 2-3-1990. But he was regularised by Central Govt. on 1-3-1997. While taking him into the job the Central Govt. officials demanded my father to obtain letter from him not to consider his previous service, which was he done from 29-1-1985 to 2-3-1990. So my father signed on the letter that he never asked about the service. But now my father will be retired on 31-12-2009. Can he get the previous service included in present service. Can he file a case against the central govt. after retirement? Kindly suggest me some case Laws reguarding this ground.

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B K Raghavendra Rao (Expert) 20 February 2010
Your father cannot file case against the central government. He has pre-empted this action by his consent letter that his services may be regularized and that he would not insist on counting period of service spent by him on daily wage basis for the service benefits purposes. Hence, your father cannot proceed against the central government on this count.

Raj Kumar Makkad (Expert) 20 February 2010
Once accepted not to claim any past service benefit then how to re-open?

No chance at all at such belated stage.

Kiran Kumar (Expert) 20 February 2010
pls check that whether the policy adopted by the concerned govt. was ever challenged in the court or the policy was quashed or upheld by the court.

m referring to the policy of non-consideration of previous service.

if such a policy adopted for regularisation has been quashed by HC or SC then ur father can have a chance.

otherwise i do not find any scope in ur case....and reasons will be delay.

Sudhir Kumar, Advocate (Expert) 24 March 2013
Apparently he has no claim.

the law is settled by Supreme Court in uma devi case. Now such employees cannot even be regularized.

You are confused. You probably are not able to distinguish between temporary service and daily wages. Ty service is regularized service and counts for pension.

Guest (Expert) 24 March 2013
Any service on daily wage basis cannot be counted as qualifying service for the purpose of retirement benefits.

Raj Kumar Makkad (Expert) 24 March 2013
Daily wager has no right to claim his service for the qualifying service to get pensionary or gratuity entitlement.

Sudhir Kumar, Advocate (Expert) 09 August 2020
no fact elaborated

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