The Allahabad High Court has held that that after regularization of daily wages workers, seniority and full service period will be added for the determination of pension, but after regularization, he is not entitled to regular pay scale of daily service period.
“The petitioners are entitled to get all the pensionary benefits after taking into the consideration the services rendered by them as daily wagers, prior to their regularisation, as also the seniority from the date of engagements as daily wagers; but they shall not be entitled for the arrears of balance from the date of their appointments on daily wage posts since they have already been paid wages of such period.”
This above order has been given by Justice Shekhar Kumar Yadav while dealing with the petition filed by Chowkidar Ram Abhors and another.
The Petitioners has submitted before that they were appointed as a daily wagers in 1989 and 1990 respectively and dismissed in 1995. The High Court directed that the dismissal be cancelled and regularized. On which their service was regularized on 2 September 2003.
The petitioners were retired on 30 September 2017. The second petitioner died in the meantime. The petitioners asked for a revised pay scale and arrears, which was paid by the CDO. The petitioner then demanded regular pay scale from the appointment date 1980, which has denied by the court and the court directed to add the entire service period for the determination of pension.
The court while disposing the petition, has directed to Chief Development Officer to ensure the payments of arrears of pension within three months.
Case details:
Case :- WRIT - A No. - 17061 of 2010
Petitioner :- Ram Bahore And Another
Respondent :- State of U.P. and Others
Counsel for Petitioner :- Swarn Kumar Srivastava,Anil Kumar Srivastava
Counsel for Respondent :- C.S.C
Quorum: Justice Shekhar Kumar Yadav
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