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2003 Supreme(SC) 1440

SHIVARAJ V.PATIL, ARIJIT PASAYAT
Prabhu Narain – Appellant
Versus
State of U. P. – Respondent


Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The entitlement to pensionary benefits is contingent upon the regularisation of services. Employees must demonstrate their entitlement under specific Rules or Schemes to claim such benefits (!) (!) .

  2. The petitioners, who are work-charged employees, sought regularisation of their services and pension benefits after attaining superannuation. The respondents argued that work-charged employees are not entitled to pension benefits under the applicable regulations (!) (!) .

  3. The court held that without regularisation of services, employees cannot claim pensionary benefits. The claim for pension must be supported by a clear basis under relevant Rules or Schemes, which the petitioners failed to establish (!) (!) .

  4. The court emphasized that pension is a valuable right but must be granted in accordance with the Rules or Schemes under which the employee is entitled. The absence of regularisation and lack of specific Rule-based entitlement led to the dismissal of the petition (!) (!) .

  5. The respondents pointed out that a significant number of employees had already been regularised following prior directions and that the petitioners did not specify the Rules under which they claimed pension benefits (!) (!) .

  6. The court noted that the petitioners did not provide details or particulars about the basis of their pension claims or the Rules under which they are entitled. Without proof of entitlement under a specific Rule, the claim for pension could not be upheld (!) (!) .

  7. The court dismissed the writ petition, reaffirming that unless the services are regularised and the entitlement under a specific Rule or Scheme is established, pension claims cannot be granted (!) .

In summary, the legal outcome underscores that regularisation of services is a prerequisite for claiming pension benefits, and such benefits can only be granted if the employee demonstrates entitlement under the relevant Rules or Schemes.


JUDGMENT :

Shivaraj V. Patil, J. - In this Writ Petition filed under Article 32 of the Constitution of India the petitioners have sought for issuance of an appropriate writ, direction and order in the nature of Mandamus inter-alia commanding the respondents to grant the petitioners all the pensionary/retiral benefits consequent upon attaining the age of superannuation and for any other appropriate direction as considered suitable in the given circumstances of the case.

2. The petitioners claim that they had been the work-charged employees of the respondents; they had put in a very long service and attained the age of superannuation. In the light of earlier judgment of this Court in the case of Raj Narain Prasad & Ors. v. State of U.P. & Ors. [(1998) 8 SCC 473] the petitioners claim they were entitled to be regularised in service as they have satisfied all the requirements to come within the scheme approved by this Court. They contend that because the respondents failed to implement the judgment and order afore-mentioned in the letter and spirit, their services were not regularised. Had the respondents followed the directions given in the said judgment, they could have been regularise

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