Chaman Khan vs State of U. P. - 2023 Supreme(All) 1956

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1956

VIVEK CHAUDHARY
Chaman Khan – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Indal Singh
For the Respondent: C.S.C. and Jamwant Maurya

JUDGMENT :

Vivek Chaudhary, J.

Heard learned counsel for petitioner, Shri Jamwant Maurya, learned counsel for respondent No. 5 and learned Standing Counsel for the State.

2. Petitioner has approached this Court challenging the order dated 28.8.2020 whereby the respondent authority has refused to grant him pension and other benefits on retirement which he claim to be entitled.

3. The facts of the case are that the petitioner was appointed as daily wager on class IV post as Pump Operator on 7.12.1987. He was regularized on 5.7.2011 and he retired on 31.8.2019.

4. Learned counsel for petitioner submits that he is entitled for pension under Uttar Pradesh Nagar Panchayat Non-Centralized Services Retirement Benefits Regultions, 1992 (hereinafter referred to as Regulations of 1992). Reference is made to Rule 2(da) which reads as follows :

5. Further submission is that similar rules prevailed with regard to employees of the State Government which also provide non-counting of services performed on work charge basis. A three Judge's Bench of Supreme Court on reference in case of Prem Singh v. State of U.P. and others, 2019(3) ESC 801 (SC), considered their entitlement for pension. The relevant par