Back
PURNENDU SINGH
Krishna Prasad – Appellant
Versus
State of Bihar – Respondent
Purnendu Singh, J. – Heard Mr. Ramchandra Singh, learned counsel appearing on behalf of the petitioner and Mr. Manish Kumar, learned AC to AAG 6 for the State.
2. In continuation of order dated 18.08.2023 by which specific direction was given to the respondents and in spite of adjournments, have not been able to differentiate between the daily wagers, with respect to employees who have been performing their duties under a regular government establishment and those daily wagers, who were engaged under certain temporary scheme and with the lapse of scheme as per the terms of engagement, they lost their services/engagement.
3. Present is the case in which the facts as stated in the writ petition, counter affidavit and supplementary counter affidavits filed on behalf of the State, the petitioner was being engaged as daily wager by Executive Engineer, Rural Works Department, Works Circle, Danapur under regular establishment. The said fact has been admitted by the respondent in paragraph nos.7, 8, 9 and 10 of the supplementary counter affidavit dated 13.07.2023 filed on behalf of respondents and the same are reproduced hereinafter: –
“7. That it has already been submitted before the Hon’bl
Continuous service and regularization can establish entitlement to pension, overriding initial non-permanent employment status.
Continuous service of 40 years as a daily wager entitles the petitioner to pensionary benefits from the date of initial appointment, not from the date of regularization.
Pension on premature/voluntary retirement requires 20 years qualifying service per amended rules; shorter service ineligible unless government relaxes for undue hardship or grants weightage for prior....
Prior service as work-charged employees must be counted towards qualifying service for pension, ensuring compliance with principles of fairness and non-discrimination.
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....
Service rendered as daily wager cannot be counted towards pension benefits unless regularized, as clarified by the Apex Court.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
