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SANDEEP K. SHINDE, R. N. LADDHA
Sandhya Kanekar – Appellant
Versus
State of Goa – Respondent
JUDGMENT
R. N. Laddha, J. - By this Writ Petition under Article 226 of the Constitution of India, the petitioners seek directions to the respondents to regularize their services and appointments on regular basis with retrospective effect. Further, a direction is also sought to order the respondents to extend all the pensionary and/or terminal benefits to them, under the Old Pension Scheme (OPS).
2. It is the case of the petitioners that they were initially engaged, on daily wage basis, with respondent No.2-Board. In 1996, three of the persons so engaged as seasonal clerks filed a writ petition bearing Writ Petition No.341 of 1996 before this Court. The said Petition was disposed of based on the affidavit filed by the respondentBoard that the petitioners would be conferred temporary status with effect from 1st November 1999 under the Daily Wagers (Grant of Temporary Status) Scheme of the Government. The order further directed that as and when regular vacancies would arise, the Board shall consider the petitioners and other employees on whom temporary status has been conferred for appointment to regular vacancies subject to relevant Recruitment Rules. Later on, petitioners were conferr
The main legal point established in the judgment is that the delay in regularizing the petitioners' services resulted in their deprivation of benefits under the Old Pension Scheme and the New Pension....
Pension is a right that cannot be arbitrarily denied; employees with long-term service against sanctioned posts are entitled to have their past service counted for pension benefits, regardless of the....
Prior service as work-charged employees must be counted towards qualifying service for pension, ensuring compliance with principles of fairness and non-discrimination.
Temporary employees who have completed five years of continuous service are entitled to regularization of their service with effect from the date of completion of five years of service.
Inaction by the State in not regularizing long-serving employees cannot deprive them of valid pension benefits under existing rules, irrespective of completed qualifying service requirements.
The court confirmed that employees' past service before regularization must be counted for pension eligibility, and delays in regularization by the State do not negate their entitlement.
The petitioners cannot claim regularization of their services from the date of initial appointment and were entitled to count only half of their service rendered in consolidated pay posts for pension....
State delays in regularizing services do not justify withholding pension benefits for long-serving employees; equal treatment and fair engagement practices must be upheld.
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