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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
ROHIT W.JOSHI
Nagpur Municipal Corporation – Appellant
Versus
Bhimrao S/o Tukaram Meshram – Respondent
| Table of Content |
|---|
| 1. consolidated adjudication of identical pension claims. (Para 1 , 2 , 3 , 4) |
| 2. daily wagers claim service count for pension post-240 days. (Para 5 , 11) |
| 3. industrial court directs pension from 240-day service date. (Para 6 , 7 , 12) |
| 4. no regularization absent sanctioned post per mso. (Para 8 , 13) |
| 5. pre-2005 daily wagers under old pension scheme. (Para 9 , 10) |
| 6. parties rely on conflicting precedents for service count. (Para 14 , 15) |
| 7. daily wager service counts for pension even unsanctioned. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 8. regularized contractual service pensionable per rule 38. (Para 26 , 27 , 28 , 29) |
| 9. distinguish estoppel cases; prior service counts. (Para 30 , 31 , 32 , 33) |
| 10. count daily wager service for old pension payment. (Para 34 , 35 , 36) |
JUDGMENT :
ROHIT W. JOSHI, J.
1. Heard.
2. Since all the cases involve identical dispute with respect to claim of pension, all these petitions are being decided by common judgment. The facts of Complaint (ULP) No.25 of 2021 are taken into consideration for adjudication.
3. Rule. Rule is made returnable forthwith. Heard finally with consent of learned counsel for the respective parties.
4. The pres
Daily wagers' service against unsanctioned posts counts towards pensionable service under MCS (Pension) Rules if regularized; pre-New Pension Scheme appointees entitled to Old Scheme despite later re....
Employees regularized from daily wage status are entitled to count prior service for pension eligibility, affirming pension as a right under constitutional law.
Employees as Daily Rated Workers can count their pre-regularization service for pension if employed monthly and after 15 years, following the stipulations of the relevant Pension Rules.
Service rendered as daily wager cannot be counted towards pension benefits unless regularized, as clarified by the Apex Court.
The main legal point established in the judgment is that the entire length of service from the date of initial appointment should be considered for the purposes of fixation of pensionary benefits.
Under Rule 13 thereof, the service that qualifies for pension commences from the date the employee takes charge of the post to which he is appointed either substantively or in an officiating/temporar....
The exclusion of service rendered by an employee on the work-charged establishment or daily wager from Section 2 of the U.P. Act No.1 of 2021 is hit by Article 14 of the Constitution of India for the....
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