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2020 Supreme(All) 329
IN THE HIGH COURT OF ALLAHABAD
MAHESH CHANDRA TRIPATHI, J.
Sinchai Mazdoor Sangh and Others – Petitioners
Versus
State of U.P. and Others – Respondents
Writ Appeal No. 12780 of 2018
Decided On : 14-01-2020
Advocate Appeared:
For the Petitioner: Sanjay Kumar Mishra.
Point of Law
Under Section 241 (2) (b) of the Government of India Act, 1935, the conditions of service of persons serving in a civil capacity in India could be prescribed, in the case of persons service in connection with the affairs of the Province, by rules made by the Governor or by a person authorized by the Governor to make rules for the purpose.
Headnote:
Constitution of India, Article 226 – Employees working and retired employees of Workshop of Irrigation Department assailing the validity of order passed by Deputy Secretary State of U.P. Civil Secretariat, and further commanding the respondents to sanction the regular pension of the petitioner at par with the Government Employees from the date of their respective retirement – Held, Case of petitioner is on much better footing than the petitioners (work-charged employees) of Prem Singh (supra) and their services are liable to be considered for computation of length of services for extending the pensionary benefits as in the present matter, the petitioners have been appointed on substantive post in regular capacity and they had rendered their continuous service and the State Government had also accorded regular pay scale and other allowances admissible to the similarly situated other Government employees, in such a situation, after the retirement, it cannot be accepted that the services of petitioners would come under the Labour Laws, hence they are not entitled for pensionary benefit at par with Government employees – Petition allowed (Paras 28 and 29).
Finding of the Court
Case of petitioner is on much better footing than the petitioners (work-charged employees) of Prem Singh (supra) and their services are liable to be considered for computation of length of services for extending the pensionary benefits as in the present matter, the petitioners have been appointed on substantive post in regular capacity and they had rendered their continuous service and the State Government had also accorded regular pay scale and other allowances admissible to the similarly situated other Government employees, in such a situation, after the retirement, it cannot be accepted that the services of petitioners would come under the Labour Laws, hence they are not entitled for pensionary benefit at par with Government employees.
Result: Petition allowed
JUDGMENT :
MAHESH CHANDRA TRIPATHI, J.
1. Heard Shri Sanjay Kumar Mishra, learned counsel for the petitioners and Shri Apurva Hajela, learned Standing Counsel for the State respondents.
2. The present writ petition is being filed under Article 226 of Constitution of India by Sinchai Mazdoor Sangh Uttar Pradesh through its General Secretary and 16 other employees working and retired employees of Workshop of Irrigation Department assailing the validity of order dated 07/17.03.2018 passed by Deputy Secretary (Yantrik), State of U.P. Civil Secretariat, Lucknow and further commanding the respondents to sanction the regular pension of the petitioner nos. 2 to 171 at par with the Government Employees from the date of their respective retirement.
3. The description of petitioners are as follows:-
| S. No. | Name of Employee | Last post hold by the employee | Department | Date of appointment | Date of retirement (if attained the age of superannuation) |
| 1. | Satveer Singh S/o Late Diwan Singh (Petitioner No. 2) | Senior Fitter | Okhla Irrigation Workshop | 01.05.1981 | 31.12.2012 |
| 2. | Isham Singh S/o Late Kullu Ram (Petitioner No. 3) | Senior Fitter | Erection Workshop, Meerut | 12.10.1973 | 31.01.2014 |
| 3. | Kamal Singh S/o Late Shiv Giri (Petitioner No. 4) | Master Fitter | Irrigation Workshop, Mawana Road, Meerut | 01.12.1972 | 31.07.2012 |
| 4. | Ram Pal S/o Late Fakeera (Petitioner No. 5) | Senior Moulder | Irrigation Workshop, Mawana Road, Meerut | 11.11.1967 | 30.11.2008 |
| 5. | Sarjeet Singh S/o Late Mangat Ram (Petitioner No. 6) | Master Turner | Irrigation Workshop, Mawana Road, Meerut | 02.11.1972 | 30.09.2011 |
| 6. | Indra Pal Singh S/o Late Beerbal Singh (Petitioner No. 7) | Master Turner | Irrigation Workshop, Mawana Road, Meerut | 09.08.1972 | 31.12.2012 |
| 7. | Samar Pal Singh S/o Late Virendra Singh (Petitioner No. 8) | Turner | Okhla Irrigation Workshop | 30.01.1982 | 31.01.2014 |
| 8. | Jagpal Singh S/o Late Khairati Lal Singh (Petitioner No. 9) | Moulder | Irrigation Workshop, Mawana Road, Meerut | 23.11.1967 | 21.11.2009 |
| 9. | Babu Ram S/o Late Sonar Singh (Petitioner No. 10) | Welder | Okhla Irrigation Workshop | 11.03.1981 | 14.09.2009 |
| 10. | Suleman Ansari S/o Late Akbar Ansari (Petitioner No. 11) | Helper | Irrigation Workshop, Mawana Road, Meerut | 03.09.1980 | 31.05.2013 |
| 11. | Gordhan Singh S/o Late Ghanshyam (Petitioner No. 12) | Hammerman | Irrigation Workshop, Mawana Road, Meerut | 05.09.1980 | 31.03.2013 |
| 12. | Laxmi Chand s/o Late Phool Singh (Petitioner No. 13) | Welder | Irrigation Workshop, Mawana Road, Meerut | 24.04.1971 | 30.04.2013 |
| 13. | Sardar Mohd. Khan S/o Late Khijar Mohd. Khan (Petitioner No. 14) | Machinist | Okhla Irrigation Workshop | 04.04.1981 | 28.02.2014 |
| 14. | Man Singh S/o Late Govind Singh (Petitioner No. 15) | Moulder | Irrigation Workshop, Mawana Road, Meerut | 20.10.1972 | 31.12.2013 |
| 15. | Har Gulal Singh S/o Late Ram Phal Singh (Petitioner No. 16) | Senior Electrician | Irrigation Workshop, Mawana Road, Meerut | 13.03.1978 | 31.09.2012 |
| 16. | Raj Kumar Sharma S/o Late Asha Ram Sharma (Petitioner No. 17) | Turner | Irrigation Workshop, Mawana Road, Meerut | 10.06.1980 | 31.07.2017 |
4. The terms and conditions of services of petitioners are governed under the Sinchai Karyashala Circle Service Rules, 1984 [Rules 1984]. Admittedly, the petitioners are receiving the admissible salary and other allowances at par with the Government employees as has been paid to the regular employees of the Irrigation Department. Vide Government Orders dated 13.11.2007 and 27.02.2009, the employees working in the Irrigation Department under Industrial Establishment have been treated as Government Servants (Annexure Nos. 2 and 3 to the writ petition). Accordingly, contribution towards provident fund
