The Allahabad HC directed the UP government to extend Old Pension Scheme benefits to three retired collection amins, ruling that their service before regularisation should be counted for determining qualifying service for pension.
The Allahabad High Court on Friday directed the Uttar Pradesh government to extend benefits under the Old Pension Scheme to three retired collection amins from Banda district, holding that their service rendered before regularisation could be counted for determining qualifying service.
Justice Anish Kumar Gupta passed the order while hearing a petition filed by Ram Sanehi and two others. The petitioners were appointed as seasonal collection amins in Tehsil Sadar, Baberu and Atarra in Banda district on September 1, 1989, and December 17, 1990. After serving for several years, their services were regularised in 2005, 2009 and 2009, respectively. They retired in 2019, 2021 and 2022.
Pension Claim and Legal Arguments
After retirement, the petitioners sought benefits under the Old Pension Scheme. However, their claims were rejected by the department through an order dated April 12, 2023, on the ground that they had not completed the minimum qualifying service required for pension benefits. Counsel for the petitioners, Syed Wajid Ali, cited several judgments, including Prem Singh vs State of Uttar Pradesh (2019) and Uday Pratap Thakur vs State of Bihar, and argued that service rendered before regularisation should also be counted while determining qualifying service for pension.
Court’s Ruling and Directive
The court, referring to its earlier judgment in the *Alakh Prakash Mishra* case, observed that ad hoc, work-charged, seasonal or temporary service could also be counted for determining qualifying service. However, it clarified that the pension amount would be calculated only on the basis of regular service.
The court found that petitioners 2 and 3 had completed more than 10 years of regular service after their regularisation. Although petitioner 1 had fallen short of the required period of regular service by a few months, the court held that he too became eligible for pension after his previous service as a seasonal amin was taken into account.
The court directed the state government to calculate and pay all retirement-related dues of the three petitioners within eight weeks from the date of submission of a certified copy of the order. The pension amount, however, will be determined on the basis of their respective periods of regular service.
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