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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble J.J. Munir,J.
Suresh Chandra Shukla – Appellant
Versus
State of Uttar Pradesh – Respondent
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 Lab
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.
Service rendered as a daily wager must be included in pensionary benefits regardless of subsequent regularization, as per judicial precedent and fairness principles.
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