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HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J. MUNIR
Manoj Kumar Mishra – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for pension and gratuity based on service. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding entitlement to pension under the old scheme. (Para 6 , 7 , 8) |
| 3. court's analysis on regularization and pension rights. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 4. precedent cases impacting pension eligibility under rule 21-a. (Para 18 , 19 , 20 , 21 , 22) |
| 5. final order requiring payment of pension and gratuity. (Para 24 , 25 , 26) |
JUDGMENT :
J.J. MUNIR, J.
1. This writ petition has been instituted by the petitioner, Manoj Kumar Mishra, a retired Assistant Engineer (Civil), belonging to the U.P. Palika Centralised Service, seeking our mandamus, ordering the respondents to sanction and fix his pension and gratuity, taking into account his entire length of service from 07.03.1995 to 30.06.2024, that is to say, including the period during which he worked ad hoc. The petitioner has further prayed that he be paid his monthly pension regularly, together with arrears, and, further, that gratuity be also determined and paid to him.
2. The petitioner’s case is that he was appointed as a Junior Engineer (Civil) on daily-wages w.e.f. 29.05.1985 with the Nagar Palika Parishad, Ma
Delay in issuing regularization orders does not negate legal entitlements to old pension benefits accrued prior to the new pension scheme implementation.
The court confirmed that employees' past service before regularization must be counted for pension eligibility, and delays in regularization by the State do not negate their entitlement.
Prior service as work-charged employees must be counted towards qualifying service for pension, ensuring compliance with principles of fairness and non-discrimination.
Adhoc employees entitled to retrospective regularization after 7 years continuous service under SRO-64 of 1994, with old pension benefits despite employer delay.
petitioner has rendered qualifying pensionery service with effect from the date of his initial joining in the department in question, so the same shall be treated as service qualifying for pension an....
Employees serving over ten years without unlawful intervention are entitled to pension benefits, even if prior appointments were irregular. Bureaucratic failure to regularize should not impede legal ....
Continuous ad-hoc service followed by regularization counts towards qualifying service for pension, and vested rights cannot be retrospectively revoked.
Accrued rights to pension cannot be retrospectively revoked, and continuous ad-hoc service qualifies for pension benefits under applicable rules.
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