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PRAKASH PADIA
Ram Jatan Tiwari – Appellant
Versus
U. P. Power Corporation Ltd. – Respondent
JUDGMENT :
Hon'ble Prakash Padia, J. - Heard Sri Anand Tiwari, learned counsel for the petitioner(s), Sri Devesh Vikram, learned counsel for the respondent No. 2, Sri Shrawan Kumar Tripathi, learned counsel for the contesting respondents and Sri Adarsh Bhushan, learned counsel for the respondent Nos. 5 and 6 in both the writ petitions.
2. In both the writ petitions, the facts are similar and the relief prayed for is also identical, as such, both the writ petitions are being decided by common judgment.
3. The facts as stated in writ petition No. 66755 of 2013 are that the writ petitioners who are five in numbers, were initially appointed in Electricity Department of State of Uttar Pradesh in the year 1977 on daily rate basis, but subsequently, they were illegally retrenched and finally, they were appointed in muster roll, vide order dated 5.8.1988.
4. The petitioner Nos. 2 and 3, namely, 1Bankey Lal Chaudhary & Suresh Yadav filed writ petition No. 38466 of 1994 and petitioner Nos. 1, 4 and 5, namely, 1Ram Jatan Tiwari, Ram Ker Sharma & Ram Bharos filed writ petition No. 35012 of 1994, praying for a writ of mandamus to the Electricity department to regularize their services and pay salar
Services rendered as muster roll employees are eligible for pension benefits under U.P. Retirement Benefit Rules, 1961, regardless of subsequent regularization dates.
Service rendered as daily wage employees must be counted towards qualifying service for pension, ensuring equal treatment under the law.
Work-charged service must be counted towards qualifying service for pension, ensuring equitable treatment of employees and compliance with constitutional principles.
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....
Long-serving work charged employees have a right to regularization and pensionary benefits, and the government cannot deny these rights after decades of service based on claims of irregular appointme....
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....
Daily wage employees' service must be counted for pension eligibility, ensuring non-discriminatory treatment under retirement benefit regulations.
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