NAND KISHOR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The status of a work charge employee came to be examined by the Apex Court in the case of General Manager Uttaranchal Jal Sansthan v. Smt. Laxmi Devi and Ors., 2009 7 SCC 205.

(2.) Learned Counsel for the Petitioner contends that the Petitioner having spent more than 34 years as a work charge employee was entitled for the continuity of his service to be added for the pensionary benefits treating his services to be regular. He submits that the regularization of the services of the Petitioner in the year 1996 does not disentitle him from getting pensionary benefits. He further relies on the Division Bench judgment in the case of Board of Revenue and Ors. v. Prashidh Narain Upadhyay, 2006 1 ESC 611.

(3.) Learned Standing Counsel on the other hand contends that there is no rule for adding the service of the period of work charge employee for the purpose of grant of pension.