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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Sandeep Raizada – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. historical employee service conditions (Para 1 , 2 , 3 , 4 , 5) |
| 2. establishment and evolution of service regulations (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. framework of pension eligibility in governance (Para 12 , 13 , 14 , 15) |
| 4. arguments for pension based on appointment history (Para 24 , 25 , 26 , 28) |
| 5. counterarguments against pension eligibility claims (Para 30 , 31 , 32 , 33 , 34) |
| 6. court's examination of service conditions and pension rights (Para 46 , 47 , 48 , 49 , 50 , 51) |
| 7. outcome based on existing regulations (Para 59 , 60 , 61 , 62) |
| 8. final ruling on pension claims (Para 63 , 64) |
JUDGMENT :
SAURABH SHYAM SHAMSHERY, J.
Brief History of Roadways and it’s Employees in State of U.P.
1. In order to consider real controversy involved in present case, it would be necessary to mention few facts about history of roadways in State of Uttar Pradesh and for that the Court takes some details mentioned by Supreme Court in a judgment passed in the case of U.P. Roadways Retired Officials and Officers Association Versus State of U.P. And Another : (2024) 9 SCC 33 and other relevant facts from pleadings.
2. In 1947, Uttar Pradesh Roadways was created as a temporary department
Pension entitlement derives from clearly established regulations, and claims based on superseded orders are invalid, reinforcing that pension is a right subject to existing service conditions.
(1) Pension is a right and not a bounty – It is a constitutional right for which an employee is entitled on his superannuation – However, pension can be claimed only when it is permissible under rele....
Power to control appointment and power to put restrictions are distinct and different from power to determine service conditions of officers and servants of Board.
The main legal point established in the judgment is that teachers at State-aided educational institutions in Uttar Pradesh are governed by the Applicable Rules and not the Government Employees Rules.....
Services rendered as muster roll employees are eligible for pension benefits under U.P. Retirement Benefit Rules, 1961, regardless of subsequent regularization dates.
The exclusion of service rendered by an employee on the work-charged establishment or daily wager from Section 2 of the U.P. Act No.1 of 2021 is hit by Article 14 of the Constitution of India for the....
The main legal point established in the judgment is that the appellants were entitled to the benefits of the Pension Regulations of 2002, and the denial of rights was not based on their failure to ex....
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