MUNNA Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) This writ petition seeks to challenge the validity of Regulation 370 (I) and (II) of the U.P. Civil Service Regulations and a further claim for the computation of past daily wage services has been made so as to qualify the minimum requirement of 10 years' service for the purpose of payment of pension. In so far as the validity of Regulation 370 is concerned, it is to be noted that the same has been questioned on the touchstone of Article 14 of the Constitution of India, however, the plea has not been dealt with in the writ petition on the strength of any cogent reasoning or justification except by making a reference to the Full Bench judgement rendered by Punjab & Haryana High Court, reported in AIR 1988 P&H 265.

(2.) At the outset we may note the position of law and the view expressed in a Full Bench judgement of this Court rendered in Writ-A No. 60352 of 2015 as regards the computation of past services rendered by an employee in a work charge establishment and the opinion so expressed for ready reference may be extracted as under:

(3.) Once the services rendered in a work charge establishment do not inure to the advantage of an employee for its computation towards pensionery benefits, the present case of the petitioner who was initially employed as a daily wage employee and came to be regularised by order dated 19.6.2007, in our view, cannot claim the benefit of daily wage services contrary to what has been opined in the Full Bench decision mentioned above. To understand the controversy we may refer to the relevant regulations i.e. Regulation 361, 368 and 370 of the U.P.Civil Service Regulations and the same are reproduced below: