Supreme Court to Examine Validity of Uttar Pradesh Qualifying Service for Pension and Validation Ordinance 2020

On Wednesday, the Supreme Court has issued notices on a petition challenging the constitutionality of Uttar Pradesh Qualifying Service for Pension and Validation Ordinance of 2020 dated 21 October 2020

A Bench of Hon’ble Justice Abdul Nazeer and Hon’ble Justice K. M. Joseph has issued notices on the Petition filed by UP Ground Water Department Non Gazetted Employees’ Association.

The Petitioner organization submitted that the impugned Uttar Pradesh Qualifying Service for Pension and Validation Ordinance of 2020 is an attempt to nullify the Judgments of Supreme Court in case of Prem Singh regarding the eligibility of work charge employees to get pension.

In the case of Prem Singh vs State of UP, the Supreme Court had read down the provision of Rule 3(8) of U.P. Retirement Benefits Rules holding that the services rendered as work charge employee is liable to be counted for the purpose of qualifying period of service.

Sr.Adv. Pallav Shishodia submitted before the Court that the impugned Ordinance of 2020 has made applicable retrospectively from 1961 nullifying the Judgment of Supreme Court and High Court, which is nothing but legislative overruling and an attempt to nullify the Judgments of Supreme Court.

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