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IN THE HIGH COURT OF ALLAHABAD
Ashwani Kumar Mishra, Praveen Kumar Giri
State of UP – Appellant
Versus
Chandra Mohan Yadav Retired Junior Engineer Civil Nagar Nigam Allahabad Prayagraj – Respondent
JUDGMENT :
Praveen Kumar Giri, J.
1. These appeals arise out of judgments delivered by the learned Single Judge in a batch of writ petitions holding the respondents/writ petitioners entitled to retiral benefits under the Uttar Pradesh Palika (Centralised) Service Retirement Benefits Rules of 1981 by counting their past services rendered before their regularization also for the purpose of fixing their pension. For coming to such conclusion, the learned Single Judge has placed reliance upon the judgment in PremSingh vs. State of U.P. and others, (2019) 10 SCC 516 as well as the decision in Uday Pratap Thakur and another vs. State of Bihar and others , 2023 (0) Supreme (SC 429) .
2. Controversy raised in all the matters are more or less similar. We have accordingly taken the case of Shri Chandra Mohan Yadav as a leading case. Shri Yadav was appointed as Junior Engineer (Civil) in Nagar Nigam on contract basis in the year 1987. He was subsequently given ad hoc appointment pursuant to a Government Order dated 7.3.1995. His services came to be regularised on 26.2.2008. He, thereafter, retired from service on 31.7.2022. Pensionery benefits, however, were not extended to the Shri Yadav, on a
The court confirmed that employees' past service before regularization must be counted for pension eligibility, and delays in regularization by the State do not negate their entitlement.
Delay in issuing regularization orders does not negate legal entitlements to old pension benefits accrued prior to the new pension scheme implementation.
Prior service as work-charged employees must be counted towards qualifying service for pension, ensuring compliance with principles of fairness and non-discrimination.
The petitioners cannot claim regularization of their services from the date of initial appointment and were entitled to count only half of their service rendered in consolidated pay posts for pension....
The main legal point established in the judgment is the entitlement of pensionary benefits for employees appointed prior to a certain date and subsequently regularized, as well as the requirement to ....
Service rendered as daily wage employees must be counted towards qualifying service for pension, ensuring equal treatment under the law.
Service Law – Pension - In the absence of any exercise being done to ascertain clear vacancies, the delay on the part of the authorities cannot put the petitioners therein to prejudice
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