U.P. Government has brought a big change in Pension Rules. Government has brought an Ordinance called The Uttar Pradesh Qualifying Service For Pension And Validation Ordinance, 2020.
This Ordinance has been given retrospective effect from 01 April 1961.
By means of this Ordinance the Government has restricted the definition of “Qualifying Service” as mentioned in Regulation 3(8) of U.P. Retirement Benefit Rules 1961.
Rule 3(8) of U.P. Retirement Benefit Rules 1961 provides
Qualifying Service means service which qualifies for pension in accordance with the provisions of Article 368 of the Civil Service Regulations
Provided that continuous temporary or officiating service under the Government of Uttar Pradesh followed without interruption by confirmation in the same or any other post except—
(i) periods of temporary or officiating service in a non-pensionable establishment;
(ii) periods of service in a work-charged establishment; and
(iii) periods of service in a post paid from contingencies shall also count as qualifying service.
Note.—If service rendered in a non-pensionable establishment work-charged establishment or in a post paid from contingencies falls between two periods of temporary service in a pensionable establishment or between a period of temporary service and permanent service in a pensionable establishment, it will not constitute an interruption of service.”
Recently while dealing with the issue of Work Charge Establishments the Hon’ble Supreme Court in the Judgment of Prem Singh v. State of U.P., (2019) 10 SCC 516 has read down the Rule 3(8) of U.P. Retirement Benefit Rules 1961. The Court held that it would be unjust, illegal and impermissible to make classification as done under Rule 3(8).
Supreme Court held that services rendered even prior to regularisation in the capacity of work-charged employees, contingency paid fund employees or non-pensionable establishment shall also be counted towards the qualifying service even if such service is not preceded by temporary or regular appointment in a pensionable establishment.
Therefore the effect of the Judgment of the Supreme Court was that even the period spent as Work Charge Employee shall also be counted as Qualifying Period of Service.
It is well known that Work Charge Employment is not against any post under any rules or regulations of the Government.
What is the Change?
Now by means of the Ordinance, 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.
Section 2 of Ordinance says:
Notwithstanding anything contained in any rule, regulation or Government Order for the purposes of entitlement of pension to an officer, “Qualifying Service” means the services rendered by an officer appointed on a temporary or permanent post in accordance with the provisions of the service rules prescribed by the Government for the post.
Section 3 of Ordinance says:
Notwithstanding any Judgement, decree or order of any Court, anything done or purporting to have been done and may action taken or purporting to have been taken under or in relation to sub-rule (8) of rule 3 of the Uttar Pradesh Retirement Benefit Rules, 1961 before the commencement of this Ordinance, shall be deemed to be and always to have been done or taken under the provisions of this Ordinance and to be and always to have been valid as if the provisions of this Ordinance were in force at all material times with effect from April 1, 1961.
The Ordinance also nullifies the Judgment, Decree or Order of the Courts by providing a non-obstante clause.
Therefore by means of the Ordinance the Judgment in Prem Singh (Supra) has been tried to be diluted, because the Work Charge Employees are not employed against any temporary or post in accordance with the provisions of the service rules prescribed by the Government for the Post.
Hence, such services shall not form part of Qualifying Services.
Section 4 of Ordinance says:
Save as otherwise provided, the provisions of this Ordinance shall have Overriding effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law for the time being in force other than this Ordinance.