Gujarat High Court: Ad Hoc Govt Employees can avail pension benefit

Gujarat high court Law Insider
Gujarat high court Law Insider

Deepali Kalia – 

Gujarat High Court held that government employees who had joined on Ad Hoc basis but were after April 2005 regularized will be eligible to avail the General Provident Fund (GPF) that gives them the benefit of pension.

The government had discontinued pension benefits to Ad Hoc employees and the benefit of only one time contributory provident fund (CPF) was given to those who joined after April 2005.

The petition filed by Pankaj Patel, the principal of Government Polytechnic in Godhra was being heard by the High Court. He had started as a lecturer at the engineering department of Ranchhodlal Chhotalal Technical Institute in 1997. His GPF account thus was opened as per the then prevailing norm of Ad Hoc appointment.

Patel after a clearing examination conducted by Gujarat Public Service Commission (GPSC) was regularized as Head of the Electronics and Communications (EC) department in September 2006. His GPF was later discontinued when the education department had discontinued the benefit via a circular.

It was contended by Patel’s lawyer, HR Karathia that Patel should not have been considered as a newly appointed employee by the government and his entire tenure, including as Ad Hoc employee should’ve been taken into consideration.

“The case of the petitioner for continuing the GPF as an ad hoc employee in the year 1997 is required to be continued without any break upon his being appointed as a regular employee after due selection by the GPSC,” the Court stated.

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