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IN THE HIGH COURT OF MANIPUR AT IMPHAL
D.KRISHNAKUMAR, GOLMEI GAIPHULSHILLU KABUI
State of Manipur – Appellant
Versus
Khundrakpam Surjit Singh, S/o Kh. Tomba Singh of Khangabok Mayai Leikai – Respondent
JUDGMENT :
D. Krishnakumar, C.J.
Heard Mr. H. Debendra, learned Deputy Advocate General assisted by Mr. Dimal Kumar Haobam, learned counsel, appearing for the appellants and Mr. Ng. Jotindra, learned counsel assisted by Ms. Geetarani Waikhom, learned counsel appearing for the respondents.
2. The intra court appeal has been preferred by the State of Manipur challenging the of the writ court thereby allowing the writ petition.
3. The brief facts of the case is as follows.
4. According to the appellants, the respondents were initially appointed as Workshop Attendants on ad-hoc basis in the Government Polytechnic, Manipur under the Education Department (Technical Section), Government of Manipur for a period of 3 (three) months w.e.f. 22.03.1999 and 07.05.1999 respectively. Their ad-hoc services were extended from time to time by the Government, by issuing various orders and the petitioners rendered the services as Workshop Attendants on ad-hoc basis continuously, without any break, till they were appointed as Workshop Attendants, on regular basis on the recommendation of the DPC vide order dated 30.04.2018 issued by the Controller of Technical Education, Manipur and the respondents herein w
The court held that ad-hoc service cannot be counted as qualifying for pension benefits under the New Pension Scheme, as the initial appointments were not made per the relevant rules.
Once it is settled that the ad hoc service, which has been made basis of regularization, has been considered in catena of judgments and it has been held that the same is countable for reckoning the q....
The exclusion of service rendered by an employee on the work-charged establishment or daily wager from Section 2 of the U.P. Act No.1 of 2021 is hit by Article 14 of the Constitution of India for the....
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.
Services rendered as a daily wager employee cannot be counted for pension/quantum of pension, but after regularization, the employee cannot be denied pension for not completing the qualifying service....
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