MOHD. ISMAIL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Syed Wazid Ali, learned counsel for the petitioner and Sri R.S. Umrao, learned Standing Counsel for the State respondents.

(2.) The petitioners who were initially appointed as Seasonal Collection Amin in the revenue department on temporary basis, their services came to be regularized under U.P. Collection Amin Service Rules, 1974 between the years 1992 to 1995 and they all attained the age of superannuation between 2013 to 2022. Upon attaining the age of superannuation they have been conferred upon the benefit of pension as admissible under the old pension scheme and petitioners are individually getting the pension. Now they have approached this Court for direction to the authority to count period spent in service by petitioners prior to their regularization, towards qualifying period of pension.

(3.) Per contra, learned Standing Counsel submits that U.P. Collection Amin Service Rules, 1974 rules provide regular appointment against substantive vacancies and for this purpose there is a quota fixed for those who are working on temporary basis in the department as Seasonal Collection Amin. He submits that rule do not contemplate regularization being offered from the date when the vacancies were not in existence. A confirm/ regular appointment offered to the Seasonal Collection Amin against available substantive vacancies . He submits that relevant provisions of rule have never been challenged rather petitioners have availed the benefit of the same. He has also placed the reliance upon the judgment of the Supreme Court in the case of Uday Pratap Thakur and Another v. State of Bihar: AIR 2023 SC 2971 in which principle laid down in the judgment of Prem Singh v. State of U.P.: (2019) 10 SCC 516 has been further explained and clarified whereby observations are made to the effect that Prem Singh's judgment (supra) which offers benefit to those employees who have rendered their services on dailywage basis/ temporary basis/ work charge basis only for the purposes of giving them benefit of pension under the old pension scheme. The reason being that they were being offered appointment on regular basis for the service rendered by them on ad hoc basis / temporary basis/ work charge basis.