Continuous service as a daily-wager qualifies for pension eligibility but not for determining pension quantum, reaffirming principles from precedents.

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 19.12.1985. He was discharging his duties, as he says, to the full satisfaction of his superiors and with sincerity. His services were terminated without the issue of a show cause notice vide order dated 10.12.1986. He was neither given a charge-sheet nor retrenchment compensation. The petitioner along with other employees, who were similarly terminated, lodged a claim under the Industrial Disputes Act, which was referred to the Labour Court. The Labour Court, by its award dated 08.12.1989, found the termination of the petitioner's services, like others similarly circumstanced, illegal and set it aside. It was directed that the petitioner be reinstated with arrears of salary and other consequential benefits. The award also directed that the petitioner's services will be continuous and there will be no break. The Labour Court's award appears to have attained finality with no challenge laid to it by the respondents.

3. In compliance with the award, the petitioner was allowed to join duties as a daily-wager on 27.11.1993. He was paid his wages/ salary from 10.12.1986 to 26.11.1993, i.e., for the period of break in service on account of the illegal termination, that was set aside by the Labour Court. The petitioner was regularized in service with effect from 27.01.2006 as a Class-III employee. The petitioner's regularization was made after selection by a selection committee, constituted in accordance with rules. He was confirmed in service as a second grade clerk vide order dated 07.07.2008. The confirmation too came after scrutiny by the selection committee. The services of the petitioner from 19.02.1985 to 26.11.1993 were not reckoned for giving him seniority and promotion as well as consequential benefits, to which he was entitled on the basis of length of service. Accordingly, the petitioner instituted Civil Misc. Writ Petition No. 54282 of 2000 before this Court, seeking a direction for the regularization of his services as a clerk in the Electricity Department of the Nigam, treating his date of appointment as 19.02.1985 and to pay his salary with all consequential benefits. This Court, vide order dated 15.12.2004, held that the petitioner, in view of the Labour Court's award, was entitled to consequential reliefs with back-wages as well as fixation of his seniority in the list of daily-wagers with effect from the date he was initially appointed i.e. 19.02.1985. It was, however, opined that since persons, who are likely to be affected by the relief of seniority, were not impleaded, the Court was not minded to issue a direction to that effect. Accordingly, the writ petition was allowed in terms of the following orders :

The Writ Petition is consequently allowed to the extent that respondents shall refix his seniority, after publishing a notice inviting objecti