LAWS(ALL)-2014-9-373

STATE OF U P Vs. RAM SHANKER YADAV

Decided On September 19, 2014
STATE OF U P Appellant
V/S
Ram Shanker Yadav Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) PETITIONERS /respondents were initially engaged on daily wages on different posts in the Public Works Department and later on they were given appointment in the Work Charge Establishment. In view of the provisions of U.P. Regularization of Daily Wages Appointments on Group 'D' Posts Rules, 2001 they were regularized by means of orders dated 18.3.2011 and 16.3.2011. The State Government by means of notification issued on 28.3.2005 has made applicable a New Contributory Pension Scheme, according to which, the said Scheme shall be made applicable to the employees, who were appointed on or after 01.04.2005. The apprehension of the petitioners/ respondents was that they have been regularized on 16.3.2011 and 18.3.2011, therefore, the aforesaid pension Scheme will be made applicable to them, though they are also entitled to get the services rendered by them in the Work Charge Establishment counted for the purposes of determining their eligibility for payment of pension in the old pension scheme.

(3.) IN the backdrop of the aforesaid facts petitioners had filed Writ Petition No. 2455 (S/S) of 2012 wherein learned Single Judge issued a direction to the respondent not to apply the provisions of New Contributory Pension Scheme embodied in the notification dated 28.3.2005 and extend the pensionary benefits to petitioners in terms of the old pension scheme.