The Lucknow Bench of the Allahabad High Court has given a major decision in favor of government employees who have been converted from temporary to permanent. The non-regular service period of such employees will also be added while computing pension.
The Lucknow Bench of the Allahabad High Court, while giving a major verdict in favor of government employees who have been converted from temporary to permanent, has said that the non-regular service period of such employees will also be added to their total tenure while calculating pension.
A single bench of Justice Vivek Chaudhary has passed this decision while explaining the decision given by the Supreme Court in Prem Singh case in the year 2019 in relation to Section 2 of the Uttar Pradesh Pension for Qualifying Service and Law Validation Act, 2021.
The court has given this decision while simultaneously hearing 50 petitions filed separately on behalf of work in-charge employees, daily wage workers, ad hoc employees and seasonal collection amines.
In the petitions, the orders of the government were challenged, in which, while deciding to grant pension, the non-regular service period of the petitioners was refused to be considered as a beneficiary of the pension by not adding them to their total service.
Referring to the Supreme Court’s decision in the Prem Singh case, the court said that not including the non-regular service period in the total service period of the permanent employees, despite having worked for the same number of years as the regular employees, is discriminatory and illegal. Is.
The court has clarified that in Section 2 of the Uttar Pradesh Pension Qualifying Service and Law Validation Act 2021, qualifying qualification for pension means service. The Court held that a temporary employee has rendered his services even before they were made permanent, even if those services were rendered after they were made permanent or were of a temporary nature.