Back
AJIT KUMAR
Satya Prakash Sharma – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ajit Kumar, J.
Heard Sri Vashishtha Tiwari, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
2. In compliance of my last order dated 22nd March, 2023, an affidavit of compliance has been filed, which is taken on record.
3. In the compliance affidavit State Government has come with a case that in view of the judgment in the case of Virsh Bhan Sharma v. State of U.P. and others passed in Writ - A No. 23690 of 2018 decided on 9th January, 2019, an officiating principal cannot be said to have held the said post in substantive capacity and, therefore, an interpretation to Rule 19(b) of U.P. Contributory Provident Fund Insurance Pension Rules, 1964 is sought to be urged to be providing that a person must be holding substantive post to hold him entitled to receive pension.
4. In Virsh Bhan's case, accordingly, the petitioner in that case was refused pension. The ratio of the judgment as contained in paragraph 9 is reproduced hereunder:
An officiating principal with requisite qualifications and long service is entitled to pension benefits, regardless of the nature of their appointment.
The main legal point established in the judgment is that teachers at State-aided educational institutions in Uttar Pradesh are governed by the Applicable Rules and not the Government Employees Rules.....
Accrued rights to pension cannot be retrospectively revoked, and continuous ad-hoc service qualifies for pension benefits under applicable rules.
The court ruled that the entire service of the petitioner from 1979 to 2015 must be considered for pension calculation, subject to the deposit of management contributions, as earlier cut-off dates we....
Continuous ad-hoc service followed by regularization counts towards qualifying service for pension, and vested rights cannot be retrospectively revoked.
Continuous service and regularization can establish entitlement to pension, overriding initial non-permanent employment status.
Past temporary services of employees must be considered for pension calculation under the Bihar Pension Rules, ensuring fair treatment and preventing undue hardship.
Existing pension at the rate of Central University be stopped - petitioner had been substantively appointed in the post of the Registrar of Tripura University. Hence, the service rendered by the peti....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
