Uttarakhand High Court
State Of Uttarakhand And Others vs Naresh Kumar on 1 October, 2024
2024:UHC:7270-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE SRI JUSTICE RAKESH THAPLIYAL
01ST OCTOBER, 2024
SPECIAL APPEAL No. 1029 OF 2018
State of Uttarakhand and others.
...Appellants
Versus
Naresh Kumar.
...Respondent
Counsel for the appellants. : Mr. P.C. Bisht, learned Additional
Chief Standing Counsel for the State
of Uttarakhand.
Counsel for the respondent. : Mr. Hem Chandra Joshi, learned
counsel.
JUDGMENT :
(per Ms. Ritu Bahri, C.J.)
There is a delay of 330 days in preferring the
present Special Appeal. For the reasons stated in the
application seeking condonation of delay, the same is
allowed, and the delay of 330 days in preferring the
present Special Appeal is, hereby, condoned.
2. The State has come up in appeal against the
judgment passed by the learned Single Judge in Writ
Petition (S/S) No. 1560/2015 dated 22.12.2017, whereby
the learned Single Judge had disposed of the Writ
Petition.
2024:UHC:7270-DB
3. The short question for consideration in the
present Special Appeal is that, whether the services
rendered by the respondent-writ petitioner, before the
date of regularization, can be counted for the purposes of
pension.
4. Learned counsel for the respondent-writ
petitioner has referred to the judgment of the Hon'ble
Supreme Court passed in the case of Uday Pratap
Thakur and Anr. v. The State of Bihar and Ors. (Civil
Appeal No. 3155/2023). In the said case, the Hon'ble
Supreme Court, while referring to the judgment in the
case of Prem Singh v. State of Uttar Pradesh and
Ors., (2019) 10 SCC 516, has held that, under the U.P.
Retirement Benefit Rules, 1961, after rendering service
as a work charged for number of years in Government
establishment/ department, denying them pension on the
ground that they have not completed the qualifying
service for pension would be unjust, arbitrary and illegal.
In paragraph no. 7, the Hon'ble Supreme Court had
observed that the service rendered as work charged after
their services have been regularized under the
regularization scheme, namely the Rules of 2013, it shall
be counted for the purpose of qualifying service for
pension only as per Rule 5(v) of the Rules, 2013.
2024:UHC:7270-DB
5. Hence, the only condition for considering the
work charged service for pension is if the services have
been regularized as per the policy framed by the
Government. This Court, on similar issue, had dismissed
the Appeals filed by the State, being Special Appeal No.
940/2018 and connected cases, vide judgment dated
10.04.2024, and has held that the ad hoc services
rendered before regularization has to be counted only for
the purpose of pension, and not seniority. Reference was
made to the judgment of the Hon'ble Supreme Court in
the case of State of Himachal Pradesh and others v.
Sheela Devi, SLP (C) No. 10399 of 2020, and the
judgment of the Punjab and Haryana High Court in the
case of Som Nath and others v. State of Punjab and
others, CWP No. 1432 of 2012. In the said case, this
Court had modified the judgment passed by the learned
Single Judge to the extent that the services rendered by
the writ petitioner, prior to his regular appointment, i.e.
17.12.2024, will be counted only for the purpose of
pension.
6. Keeping in view the aforesaid judgments, the
present Special Appeal is also being dismissed, by
observing that, after being regularized, the past services
2024:UHC:7270-DB
rendered by the respondent-writ petitioner herein shall
only be counted for the purpose of pension.
7. With the above observations, the present
Special Appeal stands dismissed.
8. Pending application(s), if any, also stand
disposed of accordingly.
______________
RITU BAHRI, C.J.
__________________
RAKESH THAPLIYAL, J.
Dt: 01st October, 2024
Rahul
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT
2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61bf4c84874198
3ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND,
serialNumber=303B55CC3063D34AC45BF8A192FCAD15C390A1
AAD7B39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI
Date: 2024.10.04 12:18:33 +05'30'
