Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Period of work-charged services Pension Computation of qualifying service for grant of pension Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law: Pension - Computation of qualifying service for grant of pension - Period of work-charged services - Whether can be included in the qualifying service - Employee's service in workcharged establishment for a period of about 37 years - Thereafter regularized in the establishment - On superannuation, claim of the employee for grant of pension by counting the period spent in the work-charged establishment - Claim denied - Writ petition dismissed - Special appeal also dismissed - Appeal to Supreme Court - Held: In view of r.3(8) of Retirement Benefits Rules and Regulations, 361, 368 and 370 of Civil Services Regulations and Para 669 of Financial Handbook Vol. VI relating to engagement of employees in the work-charged establishment, employees in work-charged establishment are not entitled to pension - In the present case appointment of work-charged employee was on monthly salary and the employee was also required to cross the efficiency bar - There was nothing to indicate qualitative difference of the employee from the regular employees - Rather, the employer had misused the very concept of work-charged employment on exploitative terms for the work which was regular and perennial in nature - Note to r. 3(8) of 1961 Rules provides for counting the period of work-charged employment if that period is between two temporary employments or in between temporary and permanent employment - The Note is irrational and discriminatory and makes impermissible classification in not counting the work-charged employment if it is rendered before regularization - In order to make the rule valid and nondiscriminatory, Note to r.3(8) is read down that work-charged services rendered even prior to regularization, 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 - The provision contained in Regulation 370 and the instructions contained in Para 669 of the Financial Handbook is struck down - Services of some other work-charged employees, who superannuated without being regularized even after rendering service of 30-40 years ought to have been regularized under the Government instructions and also as per the decision in *Uma Devi case - Services of such employees be treated regular and hence be treated entitled to receive pension - Uttar Pradesh Retirement Benefits Rules, 1961 - r. 3(8) - Uttar Pradesh Civil Services Regulations - Regulation 370 - Financial Handbook Vol. VI - Para 669. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2019 INSC 983 |
Petitioner | Prem Singh |
Respondent | State Of Uttar Pradesh & Ors. |
SCR | [2019] 11 S.C.R. 1075 |
Judgement Date | 2019-09-02 |
Case Number | 6798 |
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