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VIVEK CHAUDHARY
Ranveer Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Vivek Chaudhary, J.) :
Heard Shri Rahul Mishra, learned counsel for petitioner, Shri Ram Pandey, Advocate appearing for respondent Jal Sansthan and learned Standing Counsel for the State.
2. Petitioners have approached this Court challenging the Order dated 20.2.2020 whereby the respondent authority has refused to enroll employees of the Jal-Sansthan under the old pension scheme on the ground that they were regularized after the old pension scheme was abolished and for a prayer commanding the respondents to pay regular pension to the petitioners by counting their past services rendered on daily wage posts in the respondent-Sansthan.
3. The facts of the case are that the petitioners were appointed as daily wage employees on class III posts in the Jal Sansthan between the years 1989-1991. They were throughout treated as regular employees and later regularized in the Jal Sansthan between 2005-2011. Counsel for the petitioners informs that some of the petitioners are already retired.
4. Learned counsel for petitioners submits that by letter dated 30.8.2018, respondent-Jal Sansthan (Rural) has adopted U.P. Nagarpalika Non-Centralized Services Retirement Benefits Regulation, 1
Service rendered as daily wage employees must be counted towards qualifying service for pension, ensuring equal treatment under the law.
Work-charged service must be counted towards qualifying service for pension, ensuring equitable treatment of employees and compliance with constitutional principles.
Daily wage employees' service must be counted for pension eligibility, ensuring non-discriminatory treatment under retirement benefit regulations.
Prior service as work-charged employees must be counted towards qualifying service for pension, ensuring compliance with principles of fairness and non-discrimination.
Services rendered as a daily wager employee cannot be counted for pension/quantum of pension, but after regularization, the employee cannot be denied pension for not completing the qualifying service....
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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