WPSS/357/2023
2023 Latest Caselaw 636 UK

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                                  WPSS No.357 of 2023
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Harendra Belwal, Advocate for the petitioner.

Mr. P.C. Bisht, Additional C.S.C. for the State of Uttarakhand.

Heard learned counsel for the parties.

According to petitioner, he was engaged as a Daily Wager in Forest Department in the year 1979. After serving as a daily wager for several decades, he was regularized on a Group 'D' post vide order dated 13.03.2013. Petitioner retired from service on 30.06.2021. Thus, he has served in regular establishment of Forest Department only for about eight years between March, 2013 to June, 2021. Petitioner has now staked claim for pension under Old Pension Scheme.

By means of this writ petition, petitioner has sought the following reliefs:

"i) Issue a writ, order or direction in the nature of mandamus commanding the respondent department to sanction and release the pension in favour of the petitioner under the old pension scheme, after taking into consideration the services rendered by the petitioner as a daily wages basis as a qualifying of service for determination of pension.

ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent department to release the arrears of the salary of the pension in favour of the petitioner.

iii) Issue a writ, order or direction in the nature of mandamus commanding the respondent department to award the interest in favour of the petitioner on the delayed of the payment." Learned Additional C.S.C. submits that the writ petition is misconceived, as petitioner never served in pensionable establishment of Forest Department, and upto 13.03.2013, his status was that of Daily Wager. He further submits that New Pension Scheme was introduced w.e.f. 01.10.2005; while, petitioner acquired status of a government employee only on 13.03.2013, therefore, he is not entitled to benefit of Old Pension Scheme. He further submitted that daily wager has no right to pension.

Learned Additional C.S.C. further points out that there is no law or judgment providing for adding the services rendered as daily wager in the period of substantive service for determining qualifying service of a government employee. He fairly submits that there is a judgment providing for pension for services rendered in Work Charge Establishment, however, the Work Charge employees are paid salary in the regular pay scale and there is continuity of service given to them; while, Daily Wagers are engaged on day- to-day basis as per exigencies of work. He, thus, submits that petitioner cannot claim benefit of judgment rendered in the case of Prem Singh Vs. State of Uttar Pradesh & others, reported in (2019) 10 SCC 516, as his status is different.

This Court finds substance in the submission made by learned Additional C.S.C. Since petitioner was regularized in service only on 13.03.2013, therefore, his claim for pension, after rendering three months of service in regular establishment, is fallacious. He acquired status of Government employee in March, 2013, while Old Pension Scheme was discontinued in the year 2005 and anyone appointed substantively after introduction of New Pension Scheme is entitled to benefits available under New Pension Scheme. Thus, the reliefs, as claimed in the writ petition, cannot be granted.

Accordingly, the writ petition fails and is dismissed.

(Manoj Kumar Tiwari, J.) 15.03.2023 Arpan