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ATTAU RAHMAN MASOODI, OM PRAKASH SHUKLA
State of U. P. – Appellant
Versus
Mustari Begum – Respondent
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
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.
The judgment established that the nature of an employee's appointment and the regulations governing qualifying service for pension benefits are crucial in determining entitlement to family pension.
Court are of the view that they are entitled to weightage of service rendered as daily wagers towards regular service for the purpose of pension.
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....
Employees regularized from daily wage status are entitled to count prior service for pension eligibility, affirming pension as a right under constitutional law.
The Court established that long service without regularization due to administrative error entitles the employee's family to pensionary benefits.
The main legal point established in the judgment is the eligibility and entitlement to pension under the CCS (Pension) Rules, 1972, based on the petitioner's service history, including regular and de....
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