Ganga Singh vs State Of U.P. And 4 Others
2023 Latest Caselaw 10613 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 5755 of 2023
 

 
Petitioner :- Ganga Singh
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Indal Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for petitioner and learned Standing Counsel for the State.

Petitioner has approached this Court challenging the order dated October, 2022 whereby the respondent-Nagar Palika has refused to grant him pension and other benefits on retirement which he claim to be entitled.

The facts of the case are that the petitioners were appointed as Daily Wager on Class-IV post as Pump Operator on 12.09.1988. He was regularized on 24.08.2011 and thereafter he retired on 30.06.2022.

Learned counsel for petitioners submits that he is entitled for pension under U.P. Nagar Panchayat Non-Centralized Services Retirement Benefits Regulations, 1992 (hereinafter referred to as Regulations of 1992). He further submits that similar controversy has already been settled by this Court by its judgment dated 11.04.2023 in Writ-A No.19575 of 2022 (Chaman Khan Vs. State of U.P. and 4 Others) whereby Regulations of 1992 have been interpreted to include services rendered before regularization as qualifying services for the purpose of pensionary benefits. The relevant paragraph of the said judgment reads as under:

"The present Rules of 1984 are parallel to the Rules of State Government which have been read down by the Supreme Court, being held in violation of Article 14 of the Constitution of India, as they create an artificial categorization of similarly situated employees. In the present case also an artificial classification is created as admittedly, as the daily wage employees perform the same duties as the regular employees and are throughout treated as the regular employee. They were also regularized in continuation of their services. Thus, the matter is squarely covered by the law settled in case of Prem Singh (Supra)."

Since pensionary benefits of petitioner is also governed by the same rule, the present petitioner is also held to be entitled for the same relief. In view thereof, the benefit of the order dated 11.04.2023 passed in Writ-A No.19575 of 2022, shall also be made available to the present petitioner.

Thus, the writ petition is allowed and impugned order dated October, 2022 is set aside.

Respondents are directed to ensure regular payment of pensionary and other benefits to the petitioners under the Rules of 1984, treating his entire service to be performed as regular employee of the Nagar Palika within a period of three months.

.

[Vivek Chaudhary J.]

Order Date :- 11.4.2023

-Amit K-