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AJIT KUMAR
Adarsh Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ajit Kumar, J.
Heard learned counsel for the parties and perused the records.
2. It is submitted on behalf of the petitioner that petitioner was initially appointed as a Seasonal Collection Peon on 1.7.1976 in Tehsil-Sorawn, District-Allahabad. The petitioner approached this Court by filing Writ Petition No. 51899 of 2004 seeking regularization, in which an interim order was passed on 2.2.2009 directing the respondents to permit the petitioner to continue to work and for payment of regular salary. The petitioner continued to work thereafter. Subsequently, when the claim of the petitioner for regularization was not being considered, petitioner filed Contempt Petition No. 1036 of 2010 and so in terms of the order of writ Court, the petitioner was regularized.
3. It is claimed by the petitioner that he deserves to be given Old Pension Scheme by counting his period of work rendered previously as ad-hoc/daily wage with respondents towards qualifying service so as to make Old Pension Scheme admissible and in support of his argument, learned Advocate has placed reliance upon a number of decisions of this Court and of Supreme Court in the case of Habib Khan v. State of Uttrakhand pa
Prior service as work-charged employees must be counted towards qualifying service for pension, ensuring compliance with principles of fairness and non-discrimination.
Employees regularized from daily wage status are entitled to count prior service for pension eligibility, affirming pension as a right under constitutional law.
Service rendered as daily wage employees must be counted towards qualifying service for pension, ensuring equal treatment under the law.
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....
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....
Work-charged service must be counted towards qualifying service for pension, ensuring equitable treatment of employees and compliance with constitutional principles.
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