Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble J.J. Munir,J.
Suresh Chandra Shukla – Appellant
Versus
State of Uttar Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner seeks pension entitlements based on prior service. (Para 1 , 2 , 3) |
| 2. petitioner argues for inclusion of earlier service in seniority. (Para 4 , 5 , 6) |
| 3. petitioner's retirement status affects seniority claims. (Para 8 , 9 , 10) |
| 4. court discusses principles governing pension eligibility. (Para 11 , 12 , 13 , 14) |
| 5. court orders pension calculation including prior service. (Para 15 , 16 , 17 , 18) |
JUDGMENT :
J.J. MUNIR, J.
This writ petition is directed against an order passed by the Apar Nagar Ayukt, Nagar Nigam, Allahabad (now Prayagraj) dated 28.07.2014, rejecting the petitioner's claim for reckoning his services, rendered as a daily-wager continuously since 19.02.1985, towards his qualifying service as a second grade Clerk for entitlement of pension and other retiral benefits. The petitioner has prayed that a mandamus be issued, directing the respondents to fix his seniority in the grade of second grade Clerk, taking into account the period of service rendered by him from 19.12.1985 to 26.01.2006, i.e., before he was regularized.
2. The petitioner was appointed in the Nagar Nigam, Prayagraj as a Class-III employee on daily wages with effect from 19.12.19
Continuous service as a daily-wager qualifies for pension eligibility but not for determining pension quantum, reaffirming principles from precedents.
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.
Inclusion of daily wage service as qualifying service for pensionary benefits under Rule 3.17 of Punjab Civil Services Rules, 1970 and the legal principle established in the Full Bench decision in CW....
Daily wage employees' service must be counted for pension eligibility, ensuring non-discriminatory treatment under retirement benefit regulations.
Employees regularized from daily wage status are entitled to count prior service for pension eligibility, affirming pension as a right under constitutional law.
Retiral benefits must be calculated from the date of initial appointment, not from the date of regularization, as established by precedents.
Work-charged service must be counted towards qualifying service for pension, ensuring equitable treatment of employees and compliance with constitutional principles.
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....
Service rendered as a daily wager must be included in pensionary benefits regardless of subsequent regularization, as per judicial precedent and fairness principles.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
