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J. J. MUNIR
Kanhai Ram – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. background of tube-well operators and service issues. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. argument regarding past service reckoning for pension. (Para 8 , 9 , 10 , 11 , 12) |
| 3. court's observations on legislative provisions and precedents. (Para 15 , 19 , 20 , 21 , 23 , 24) |
| 4. legislation must align with principles of equality in service. (Para 22) |
| 5. decisions on reading down legislation and future judicial processes. (Para 36 , 39 , 42) |
JUDGMENT :
Hon'ble J.J. Munir, J.-The petitioners, who are 21 in number, are tube-well operators, serving under Department of Irrigation, Government of Uttar Pradesh, Lucknow. A number of them have retired pending this petition, but that fact does not merit a detailed statement for nothing turns on it, so far as the issue involved in this petition is concerned. The State Government, with the help of financial assistance extended by the World Bank, established tube-wells across the State for the purpose of providing effective sources of irrigation in rural areas and reducing dependence on natural sources, such as rain. After these tube-wells were established, they were handed over to the Irrigation Department of the Government for the purpo
Employees with lengthy service but only later regularized are entitled to pension benefits accounting for their full tenure, overriding conflicting recent statutes.
Work-charged service must be counted towards qualifying service for pension, ensuring equitable treatment of employees and compliance with constitutional principles.
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....
Service rendered as daily wage employees must be counted towards qualifying service for pension, ensuring equal treatment under the law.
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....
Daily wage employees' service must be counted for pension eligibility, ensuring non-discriminatory treatment under retirement benefit regulations.
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