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SARAL SRIVASTAVA
Shambhu Lal – Appellant
Versus
State Of U. P. – Respondent
| Table of Content |
|---|
| 1. petitioner's service history and regularization. (Para 2 , 3 , 4 , 5) |
| 2. issues surrounding pension eligibility. (Para 6 , 8) |
| 3. respondent's arguments against recognizing daily-wager service for pension. (Para 7) |
| 4. arguments on excluding daily wage service. (Para 9 , 10) |
| 5. court's analysis and interpretation of service inclusion for benefits. (Para 11 , 13) |
| 6. court's reasoning and reference to precedent. (Para 12 , 14) |
| 7. conclusion directing pension computation. (Para 15 , 16) |
JUDGMENT :
Saral Srivastava, J.
1. Heard Sri Adarsh Singh, Advocate holding brief of Sri Ramesh Kumar Tiwari, learned counsel for the petitioner and Sri Shrawan Kumar Dubey, learned Additional Chief Standing Counsel for the State-respondents.
2. The petitioner by means of the present writ petition has assailed the order dated 27.01.2023 passed by respondent no.2-Director, Printing and Stationary Department, U.P. Government Press, Allahabad whereby he has rejected the representation of the petitioner for including the services rendered by him as daily-wager with regular service and grant the benefit of Old Pension Scheme.
3. The brief facts of the case are that the petitioner was initially engaged
Service rendered as a daily wager must be included in pensionary benefits regardless of subsequent regularization, as per judicial precedent and fairness principles.
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 wager cannot be counted towards pension benefits unless regularized, as clarified by the Apex Court.
Daily wagers' service against unsanctioned posts counts towards pensionable service under MCS (Pension) Rules if regularized; pre-New Pension Scheme appointees entitled to Old Scheme despite later re....
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....
Prior service as work-charged employees must be counted towards qualifying service for pension, ensuring compliance with principles of fairness and non-discrimination.
Continuous service of 40 years as a daily wager entitles the petitioner to pensionary benefits from the date of initial appointment, not from the date of regularization.
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