Pensionary Benefits -- Service Rendered Prior to Regularization -- Must be counted as qualifying service
(i) General Principle (Service Law) -- Pensionary Benefits -- Service Rendered Prior to Regularization -- Must be counted as qualifying service -- Service rendered by an employee on contract, ad hoc, daily-wage or work-charge basis prior to regularization must be counted as qualifying service for retiral and pensionary benefits. Regularization does not make such an employee a fresh entrant for the purpose of determining the applicable pension regime, particularly where the engagement was, in substance, regular despite the nomenclature used in appointment letters. (ii) General Principle (Service Law) -- Pensionary Benefits -- Notional or Administrative Breaks in Service -- Do not disentitle employee from continuity of service -- Breaks in service that are merely notional, artificial, or caused by administrative circumstances or court orders do not disentitle an employee from having such prior service counted for pension. Denial of pensionary benefits to an employee who has rendered long and continuous service, merely because formal regularization occurred later, elevates technicalities over the substance of the service relationship.
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