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RAJESH BINDAL, DEVENDRA KUMAR UPADHYAYA, SAROJ YADAV
Ram Das Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
By the Court.-Vide order dated November 15, 2017 passed by the learned Single Judge the issue as to whether work charge service rendered by an employee could be included in their regular service for the purpose of pension, was referred to be heard by a Larger Bench. The order dated 15.11.2017 reads as under :
Reliance is placed on Judgment of Apex Court in the case of Punjab Electricity Board and another v. Narata Singh and others, (2010) 4 SCC 317.
Reliance is also placed on Judgment and order dated 23rd August, 2017 passed by Apex Court in Civil Appeal No. 10806 of 2017, Habib Khan v. State of Uttarakhand and others.
Findings of both the aforesaid judgments are in favour of petitioners. However, with regard to State of U.P., Division Bench of this Court by Judgment and order dated 3rd February, 2017, passed in a Bunch of Writ Petitions leading case being Writ Petition 20486 (M/B) of 2016, Krishna Kumar and 27 others v. State of U.P. Thru. Prin. Secy. Lok Nirman Vibhag and 5 others, has taken a different v
The court established that legislative changes can supersede judicial interpretations regarding pension eligibility.
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.
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....
Pension – Work Charged Employees – Denying of pension after rendering service as work charged for number of years on the ground that they have not completed qualifying service can be said to be unfai....
Work charge status followed by regular appointment must be counted as qualifying service for pension benefits, overriding contrary executive instructions.
Service rendered as daily wage employees must be counted towards qualifying service for pension, ensuring equal treatment under the law.
Work charged service does not qualify for pension under Regulation 370, affirming distinct status of work charged employees.
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