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RITU BAHRI, RAKESH THAPLIYAL
Suresh Chandra Kandwal – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
RITU BAHRI, C.J.
1. There are 14 connected matters, including Special Appeals filed by the State Government against the order of the learned Single Judge in Writ Petition (S/S) No. 910 of 2021 and Writ Petitions filed by individuals seeking directives for regularization and benefits from the date of their initial appointment. For better understanding of the case, it is necessary to segregate Special appeals from the bunch and deliver separate judgment for the same. In this judgment, we are dealing with Writ Petition (S/S) No. 441 of 2022.
2. The petitioner in WPSS No. 441 of 2022 seeks a writ of certiorari and mandamus, directing the respondents to correct the date of the petitioner's regularization to 1991 as per the Regularization Rules of 2003 and the judgment dated 17.12.2021 in WPSS No. 910 of 2021. The petitioner also seeks all service benefits, including pension, gratuity, and other retirement dues, by counting daily wage service as qualifying service and granting the benefits of the old pension scheme with interest. Initially, the writ petition was listed before the learned Single Judge of this Hon'ble High Court but was referred to a bench of appropriate strength v
Service rendered as a daily wage worker must be counted for pension and gratuity benefits upon regularization, ensuring non-discrimination and fairness.
Prior service as work-charged employees must be counted towards qualifying service for pension, ensuring compliance with principles of fairness and non-discrimination.
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.
The court established that denying regularization to senior daily wagers while juniors were regularized is unjust, and past service should only count for pension benefits.
Employees' prior service must be counted for pension eligibility, as established by Supreme Court rulings.
Pre-regularization service - claim of the employee should have been considered immediately if not through pre-regularization services and get counted for the purpose of terminal benefits
Daily wage employees who meet the eligibility criteria under the Uttar Pradesh Regularization of Daily Wages Appointments on Group 'D' Posts Rules, 2001, are entitled to be considered for regularizat....
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