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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK JAIN
Rajendra Prasad Soni – Appellant
Versus
The State Of Madhya Pradesh – Respondent
ORDER
All these petitions have been filed by employees who were initially appointed as Daily wager employees and subsequently regularized upon finding their initial appointment to be irregular, and not illegal. They in these petitions are seeking same relief of reckoning of services spent by the petitioners as Daily Rated Employees prior to they being regularized in regular establishment or in regular work charged establishment as per policy of the State Government dated 09.1.1990 or 16.05.2007, which was framed by the State Government for regularization of daily rated employees who had completed a requisite years of service as Daily Rated Employees and who had requisite qualification for the post and their appointments were not illegal and were only irregular.
2. Some of these petitioners have been regularized as per policy dated 09.1.1990, which was a more lenient policy having more lenient terms and conditions for regularization, because it was framed before the judgment of the Hon’ble Supreme Court in the case of Secretary, State of Karnataka vs. Umadevi (2006) 4 SCC 1 . However, after judgment of the case of Umadevi (supra), in pursuance to directions of the Hon’ble Constitution
Employees as Daily Rated Workers can count their pre-regularization service for pension if employed monthly and after 15 years, following the stipulations of the relevant Pension Rules.
Employees regularized from daily wage status are entitled to count prior service for pension eligibility, affirming pension as a right under constitutional law.
Under Rule 13 thereof, the service that qualifies for pension commences from the date the employee takes charge of the post to which he is appointed either substantively or in an officiating/temporar....
Prior service as work-charged employees must be counted towards qualifying service for pension, ensuring compliance with principles of fairness and non-discrimination.
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.
Service rendered as daily wage employees must be counted towards qualifying service for pension, ensuring equal treatment under the law.
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