Daily Wager Services Shall be Counted for Pension and Seniority: Allahabad HC

The Allahabad High Court has given a very significant Judgment holding that the services rendered by a daily wager are liable to be counted towards Pension and Seniority. However, arrears of pay shall not be admissible.

Background:

Petitioners were appointed on Daily Wage Basis as Chowkidar in the year 1981 and 1990. Their services were regularized on 2.9.2003. After regularization the Petitioners prayed that their services as daily wager should be counter for the purpose of pension and seniority.

Submissions:

The Counsel for the Petitioner submitted that at the time of regularization the Petitioners have completed 22 and 13 years of service respectively and due to non action of the authorities the petitioners could not be regularized earlier.

Further the Petitioners relied upon the various judgements of this Court as well as of Apex Court, viz. 

  1. Writ Petition No. 11630 of 2018, (Dr Ramakant Tiwari Vs State of UP and others) decided on 14.05.2018; 
  2. Writ A No. 18117 of 2018, (Muneshwer Dutt Mishra Vs State of UP and 4 others) decided on 6.9.2018; 
  3. 2019(12) ADJ, 547 (Gulaichi Devi Vs State of UP and others); 
  4. Civil Appeal No. (5) 10806 of 2017 (Habib Khan Vs State of UP and others) decided on 23.08.2017; and 
  5. Civil Appeal No. 3348 of 2015, Secretary, Minor Irrigation Deptt and RES Vs Narendra Kumar Tripathi decided on 7.4.2015.

The Counsel for the State Government opposed the Writ Petition and submitted that Petitioners are entitled to benefits with effect from th date of regularization not prior to that.

Decision of Court:

Hon’ble Justice S.K. Yadav of Allahabad High Court has allowed the Writ Petition. The Court found that the case of Petitioners is squarely covered by the judgement of the Court passed in Writ A No. no. 25623 of 2018 Naval Kishore Rai Vs State of UP and 3 others, decided on 30.9.2020, in which the Court having relied upon the decision of Prem Sing Vs State of UP and others decided on 2.9.2019 allowed the writ petition.

The Court also referred to the Judgment of Supreme Court in the case of Netram Sahu Versus State of Chhattisgarh reported in 2018 (2) PLJR 284 SC, wherein the Apex court held that after regularisation the entire period of service shall be counted for purpose of fixation of pensionary benefits.

Further reference has been made to the Judgment of Supreme Court in the case of Civil Appeal No. 3348 of 2015, Secretary, Minor Irrigation Deptt. and RES Vs Narendra Kumar Tripathi, decided on 07.04.2015, wherein the Supreme Court has allowed all the benefits of ad-hoc services rendered for the purposes of reckoning his seniority and other consequential benefits.

In view of the above the Allahabad High Court has allowed the Writ Petition holding that the services of Petitioners as Daily Wager shall be counted for the purpose of grant of Pension and and Seniory benefit.

Special Note

For our readers, this is to be noted here that recently the U.P. Government has issued an Ordinance titled “The Uttar Pradesh Qualifying Service For Pension And Validation Ordinance, 2020”. This Ordinance has been given effect retrospectively from 01.04.1961.

By means of this Ordinance, the Government has provided that Qualifying Service shall include service rendered on a temporary or permanent post in accordance with the provisions of the service rules prescribed by the Government for the Post. 

Further the Ordinance has a validation clause which overrules all the previous Judgments on this issue. 

Case Details:

Title: Ram Bahore And Another vs State of U.P. and Others

Case No: WRIT – A No. – 17061 of 2010

Coram: Hon’ble Justice S.K. Yadav

Counsel for Petitioner :- Swarn Kumar Srivastava,Anil Kumar Srivastava

Counsel for Respondent :- C.S.C.

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