Summary
A Fisheries Department employee’s earlier casual-labour service was directed to count for pension on parity with similarly placed casual workers later absorbed and regularised. His successful recruitment through the Public Service Commission, intervening Revenue Department service and subsequent return to Fisheries did not justify denying the benefit of the Government’s beneficial orders. The Court required recalculation and payment of pension arrears within eight weeks with admissible interest and allowed the appeal with costs throughout.
Issues
- Whether earlier casual-labour service could be excluded from pension merely because the employee entered regular service through direct recruitment rather than absorption.
Held
- Pension is a post-retirement entitlement and social welfare measure, rather than a discretionary bounty. Pension provisions deserve liberal construction, without granting benefits contrary to the rules or unreasonably denying them on technical grounds. (¶¶ 1, 15, 19)
- The appellant had over seven years of undisputed casual service, ranked second in the relevant list and would have been absorbed against the twenty-nine posts, of which only twenty-seven were filled. Successful competitive recruitment and later return to Fisheries did not make his claim inferior to that of casual workers who obtained regularisation. (¶¶ 20, 21, 22)
- The claim arose from the beneficial Government orders recognising casual service for pension, including the equivalence of two hundred days’ work to one year of qualifying service. Denial of parity in these circumstances was unreasonable. Rule 13’s provision for counting part of earlier work-establishment service was referred to as supporting the rationale, rather than fixing the operative award at fifty per cent. (¶¶ 22, 23)
- Rejection of the Fisheries Department’s recommendation was unsustainable. Casual service was to be counted on parity with other casual workers and pension recalculated; arrears were payable within eight weeks with admissible interest applicable to outstanding pension amounts. (¶¶ 24, 25)
Result
Appeal allowed with costs throughout. Impugned orders set aside; pension recalculation and payment of arrears directed within eight weeks with admissible interest.