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SARAL SRIVASTAVA
Shambhu Lal – Appellant
Versus
State Of U. P. – Respondent
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 as a daily wager on the post of Group-D in the department in August, 1987 and since then he continuously discharged his duties without any break. The petitioner through their union filed Writ Petition No.7034 of 1992 ( Pradeshik Rajkiya Mudralaya Karamchari Samanwaya Samiti, U.P. Lucknow through its Secretary Vs. State of U.P. and Others ) seeking regularisation of their services which was disposed off by this Court by judgement dated 02.12.1993. The said judgement was challenged before the
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.
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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