LAWS(ALL)-2023-1-162

SAJEEVAN LAL Vs. STATE OF U. P.

Decided On January 23, 2023
Sajeevan Lal Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) The conundrum relating to the reckoning of dates for the purpose of computation of "qualifying service" for grant of pensionary benefits to an employee having being regularized to a post has been a subject matter of adjudication in several judgments in the past and although this court has in several precedents has carved a niche leading to the development of service jurisprudence on the said issue, but unfortunately the controversy has refused to die down and yet, the present bunch of matters have come for consideration before this court.

(2.) Since, common issue is raised in all these writ petitions, the bunch is being taken for final disposal together.

(3.) Apparently, there are two class of petitioners in these bunch of petitions, the first being those petitioners who had as per the direction of this court given a detailed representation to the authority and their representation having been decided unfavourably against them vide various orders including order dtd. 5/11/2020, 10/7/2018 etc., have again approached this court challenging the said impugned orders and the second class of petitioner belonging to those category, who have approached this court for the first time highlighting the self-same issue, which had been raised by the first set of petitioners in the earlier round of litigation. The similarity, however, lies in the entry in service, therefore, the above classification in the pursuit of an identical right is immaterial. Suffice it to say that entry in service at par with a member of service is either by regular appointment according to service rules or by regularization according to regularization rules.