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SARAL SRIVASTAVA
Kamaluddin – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
[Saral Srivastava, J.]
1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent No. 1 and Sri Arun Kumar, learned counsel for respondent No. 2.
2. The petitioner by means of the present writ petition has assailed the order dated 22.2.2021 by which claim of petitioner for grant of pensionary benefits and other retiral dues has been rejected.
3. The case of the petitioner is that he has been appointed as daily wager Clerk by Deputy Administrator by order dated 14.6.1989. As the petitioner had been in service since before 11.10.1989, therefore, his services has been regularised by order dated 22.9.2008. The petitioner has retired on 31.8.2018.
4. Learned counsel for the petitioner submits that petitioner has continued in service since 1989, therefore, his services rendered as daily wager from 14.6.1989 till the date of regularisation is liable to be counted with regular service for the purpose of grant of retiral dues. The aforesaid contention has been advanced by the learned counsel for the petitioner on the basis of judgement of Apex Court in the case of Prem Singh v. State of Uttar Pradesh and others, 2019 (10) SCC 516 and judgement of this Cou
Service rendered as a daily wager must be included in pensionary benefits regardless of subsequent regularization, as per judicial precedent and fairness principles.
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.
Service rendered as daily wager cannot be counted towards pension benefits unless regularized, as clarified by the Apex Court.
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....
Continuous service as a daily-wager qualifies for pension eligibility but not for determining pension quantum, reaffirming principles from precedents.
Retiral benefits must be calculated from the date of initial appointment, not from the date of regularization, as established by precedents.
Services rendered as a daily wager should be counted towards qualifying service for pensionary benefits under the U.P. Palika (Centralized) Services Retirement Benefit Rules, 1981.
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