Back
RITU BAHRI, ALOK KUMAR VERMA
State of Uttarakhand – Appellant
Versus
Shanti Devi – Respondent
JUDGMENT:
(per Hon’ble the Chief Justice Ms. Ritu Bahri)
These Special Appeals are filed by the State of Uttarakhand (“hereinafter referred as the appellants)against the judgment of the learned Single Judge dated 17.12.2021, Whereby the learned single Judge issued the writ of mandamus and directed the respondents to grant the regular status to those daily wagers to whom the regular status was not provided till they have respectively attainted their age of superannuation and as a consequence of grant of the status of regularization, the respondents were directed to consider and determine the retiral benefits payable to the petitioners alongwith the arrears on the basis of the benefits, which they would have been otherwise entitled as a grant of their regularisation in the light of the principles laid down under the Rules of 2003 and their regularization would be treated as to be the regularization with effect from 20.06.1991.Since the same judgment is challenged in these special appeals, we are considering Special Appeal No. 37 of 2024 for the sake of brevity.
2. The facts in the writ petition before the learned Single Judge are such that the petitioner was engaged as daily wager in th
Regularization benefits for daily wagers are effective from the notional date of retirement, not retroactively from an earlier date.
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.
Retiral benefits must be calculated from the date of initial appointment, not from the date of regularization, as established by precedents.
Employees regularized from daily wage status are entitled to count prior service for pension eligibility, affirming pension as a right under constitutional law.
Prior service as work-charged employees must be counted towards qualifying service for pension, ensuring compliance with principles of fairness and non-discrimination.
Temporary Status Casual Labour with long service, retiring without formal regularization, deemed regular employee entitled to pension and retiral benefits with 6% interest.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
