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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR
Kanak Srivastava – Appellant
Versus
Vice Chancellor, Banaras Hindu University, Varanasi – Respondent
| Table of Content |
|---|
| 1. pension calculation based on total service tenure. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. court's reasoning on pension eligibility and discrimination claims. (Para 8 , 9 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 3. eligibility of project service for pension benefits. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. final ruling on the dismissal of the writ petition. (Para 37 , 38) |
JUDGMENT :
J.J. MUNIR, J.
1. The petitioner, Kanak Srivastava, is the widow of the late Prakash Chandra Srivastava, a Junior Medical Social Worker in the Department of Preventive and Social Medicine, Institute of Medical Sciences,[‘IMS’ for short], Banaras Hindu University, [‘BHU’]. The late Prakash Chandra Srivastava retired from service, upon attaining the age of superannuation, on 31.08.2005. He was sanctioned a retirement pension, reckoning his services from 28.08.1986 until the date of his retirement i.e. 31.08.2005. The respondents did not take into for short consideration the services rendered by Prakash Chandra Srivastava from 01.11.1981 to 07.08.1986 in the CBD Project, Department of Preventive and Social Medicine, IMS, BHU that he ha
Project service cannot be counted as qualifying service for pension purposes under CCS Rules, emphasizing the need for formal appointment for benefits.
The court affirmed that service rendered on ad hoc basis must be recognized for pension eligibility when similarly situated employees received benefits, ensuring equitable treatment.
Services rendered as a daily wager employee cannot be counted for pension/quantum of pension, but after regularization, the employee cannot be denied pension for not completing the qualifying service....
The main legal point established in the judgment is the need to follow Rule 11(2) of the Pension Rules and the Full Bench Judgement in determining the eligibility for pensionary benefits.
The main legal point established in the judgment is the entitlement of employees to have their past services counted for pensionary benefits, as per the provisions of the Industrial Disputes Act and ....
The Tribunal held that previous service in an autonomous body qualifies for counting towards pensionary benefits in a new government position.
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