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RITU BAHRI, RAKESH THAPLIYAL
Kumaon Mandal Vikas Nigam Ltd. – Appellant
Versus
Chandra Chauhan – Respondent
JUDGMENT :
Rakesh Thapliyal, J.
1. Appellants are aggrieved by the judgment dated 14.07.2020 passed by learned Single Judge in Writ Petition (M/S) Nos. 1891 of 2018 (Smt. Chandra Chauhan and another Vs. State of Uttarakhand and others) and Writ Petition (M/S) Nos. 1874 of 2018 (Devendra Singh Bisht and another Vs. State of Uttarakhand and others) whereby both the writ petitions were disposed of by directing the respondents to determine the reliefs sought for, for grant of pension and gratuity, as admissible to the petitioners, after including the period of services rendered by them from the date of their initial appointment i.e. 1989 and needful to be done by the concerned respondent within a period of six weeks from the date of production of certified copy of this order.
2. Brief facts of the present case are that petitioners were engaged as Class III and IV employees on daily wage basis with the respondent Department in the year 1989. They have filed Writ Petition No. 193 (SS) of 2002 before this Court and this Court by order dated 26.06.2004 directed the respondents Department to consider the case of the petitioners for regularization in terms of the Government Order dated 27.04.20
Employees' prior service must be counted for pension eligibility, as established by Supreme Court rulings.
Service rendered as a daily wage worker must be counted for pension and gratuity benefits upon regularization, ensuring non-discrimination and fairness.
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 main legal point established in the judgment is that the entire length of service from the date of initial appointment should be considered for the purposes of fixation of pensionary benefits.
Prior service as work-charged employees must be counted towards qualifying service for pension, ensuring compliance with principles of fairness and non-discrimination.
Pension is a right earned for past services and should not be denied arbitrarily. It is a deferred payment for past services and is not a bounty or charity.
Services rendered as a daily wager should be counted towards qualifying service for pensionary benefits under the U.P. Palika (Centralized) Services Retirement Benefit Rules, 1981.
Employees regularized after 01.01.2004 can still count pre-regularization service towards pension eligibility, ensuring equitable treatment under pension rules.
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