Court No. - 18 Case :- WRIT - A No. - 4114 of 2010 Petitioner :- Kasmiri Respondent :- State Of U.P. & Others Petitioner Counsel :- Bhupendra Kumar Tripathi Respondent Counsel :- C.S.C.,P.K. Ganguly Hon'ble Sudhir Agarwal, J.
Admittedly the petitioner was working as daily wage employee and was
employed on regular basis only w.e.f. 25.01.2000. He attained the age of 60
years and retired on 31.10.2007.
Learned counsel for the petitioner submits that the services rendered by
petitioner as daily wage employee from 1977 till 24.01.2000 may also be
taken into consideration for the purpose of making him entitled for pension
and, therefore, the respondents have erred in law by not doing so.
Sri P.K. Ganguli, learned counsel appearing for the respondent-University,
however, submits that 10 years continues service is condition precedent for
pensionary benefit and, therefore, the petitioner is not entitled for pension. He
refers to provision of Civil Service Regulations which for the purpose of
pension are also applicable in the case in hand and this is agreed by learned
counsel for the petitioner also.
Admittedly, the petitioner was not a temporary employee before his
regularisation but a part time daily wage employee. Article 370 of Civil
Service Regulations provides that a temporary or officiating service followed
by confirmation without interruption also qualify for pension except of certain
exceptions which are not relevant for our purpose, but the same is not
applicable for part time daily wage employee. In the absence of any provision
entitling the petitioner’s part time service to qualify for pension, I do not find
it a fit case to grant relief as sought in this petition. The writ petition lacks
merit. Dismissed.
Dt/-28.01.2010
AK-4114/10