IMPORTANT POINT
Daily wage employment does not qualify for pension benefits under the U.P. Retirement Benefits Rules, as it lacks the necessary substantive and permanent status.

JUDGMENT :

Om Prakash Shukla, J.

(C.M. Application 1 of 2023 : Application for Condonation of Delay)

Heard Shri V.P. Nag, learned Standing Counsel representing the State authorities/appellants and Shri Mohammad Saifuddin, learned Counsel representing the respondent/writ petitioner.

2. There is delay of 128 days in filing the special appeal. The appeal is accompanied with an application for condonation of delay supported by an affidavit.

3. Learned Counsel representing the respondent/writ petitioner does not have any objection, if delay in filing the instant appeal is condoned and the matter is heard on merits.

4. Cause shown in the affidavit filed in support of application for condonation of delay is satisfactory and in absence of any objection, application for condonation of delay is allowed and delay in filing the special appeal is hereby condoned.

(Order on Appeal)

5. This intra Court appeal under Rule 5 of Chapter VIII of the Allahabad High Court Rules, 1952 has been filed by the State authorities/appellants, assailing the judgment/order dated 20.3.2023 passed by the learned Single Judge in Writ-A No. 19513 of 2019, whereby the learned Single Judge, while disposing of the writ petition, not only has set-aside the order dated 25.1.2019 but has also directed the appellant/State authorities to calculate the retirement-cum-death dues of late husband of the writ petitioner/respondent and pay the same, in accordance with law, within a period of two months from the date of the order and also pay family pension, as admissible, to her.

6. The order under challenged in the writ petition dated 25.1.2019 essentially records the rejection of the representation of the writ petitioner/respondent filed by her claiming grant of retirement dues such as services dues, family pension and gratuity etc. of her late husband, who was working on the post of Junior Clerk in the office of District Youth Welfare and Regional Development Team, Sonbhadra.

7. The record available before this Court in the instant appeal reveals that on 30.5.1990, late Naeem Khan, husband of the respondent/writ petitioner, was engaged as daily wager by the District Youth Welfare and Regional Development Team Officer on the post of Guard/Clerk as Volunteer w.e.f. 1.6.1990. While continuing to work as daily wager for about four years, late Naeem Khan, husband of the respondent/writ petitioner, preferred a representation seeking to grant him regular pay-scale on the post of Clerk on the ground that three similarly situated persons were granted the regular pay-scale of Clerk in the year 1990, however, no heed was paid to his claim and as such, late Naeem Khan, husband of respondent/writ petitioner, preferred Claim Petition No. 545 of 19996 before the State Public Services Tribunal. The Tribunal, vide judgment/order dated 6.12.2005, allowed the claim petition with costs of Rs. 2000/- with the following directions :

''The petitioner is held entitled to regular pay-scale of Rs. 950-1500 from the date his junior Arun Kumar Pandey was granted regular pay-scale. The petitioner shall be entitled to all consequential benefits as well. The opposite parties are directed to pay the regular pay-scale to the petitioner with other consequential benefits within three months from the date of service of the certified copy of this order with effect from the date petitioner's junior Mr. Arun Kumar Pandey was getting the regular pay-scale i.e. 16.6.1990.''

8. Pursuant to the aforesaid judgment/order dated 6.12.2005 passed by the learned Tribunal, late Naeem Khan, the Director General of District Youth Welfare and Regional Development, Lucknow issued an order dated 13.10.2006, directing to pay salary in the regular pay-scale of Rs. 950-1500 together with all admissible allowances for the post of Junior Clerk w.e.f. 15.10.1992. Further, revised pay-scale of Rs. 3050-4590 together with all admissible allowances for the post of Junior Clerk w.e.f. 1.3.2004 was also granted to the husband of the respondent/writ