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J. J. MUNIR
Gorakh Singh – Appellant
Versus
State Of Uttar Pradesh – Respondent
JUDGMENT :
J.J. Munir, J.
1. This writ petition has been instituted praying that a mandamus be issued to the Executive Officer, Nagar Panchayat, Magahar, District Sant Kabir Nagar to grant the petitioner his pension and other post retiral benefits.
2. The petitioner was appointed a Tax Moharrir on 01.04.1989 by the Nagar Panchayat, Magahar, District Sant Kabir Nagar (for short, 'the Nagar Panchayat'), when it was a notified area, on a daily-wage of Rs.30/- per day. The petitioner joined with the Nagar Panchayat, the day he was appointed. The case of the petitioner is that, according to the Government Orders dated 08.01.1992 and 03.02.1992, the petitioner was entitled to be regularized. He draws the Court's attention to the Government Order dated 08.01.1992, which provides that employees working on daily-wages, who have been appointed before 11.10.1989 and completed three years of continuous service with 240 days in each calendar year, are entitled to be regularized in service.
3. It is the petitioner's case that the Government Order aforesaid provides that those who have not completed three years' service, their services will not be terminated and they would be absorved in future as re
Continuous service, including periods as a daily-wager, must be considered for pension eligibility under the Uttar Pradesh Nagar Palika Non Centralized Services Retirement Benefits Regulations, 1984,....
Point of law: It is a settled legal proposition that the court should not set aside the order which appears to be illegal, if its effect is to revive another illegal order. It is for the reason that ....
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.
Continuous service as a daily-wager qualifies for pension eligibility but not for determining pension quantum, reaffirming principles from precedents.
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....
Employees of converted local bodies are entitled to pensionary benefits under the Gujarat Panchayats Act and relevant government resolutions, as affirmed by judicial precedents.
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.
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