LexPREM SINGH versus STATE OF UTTAR PRADESH & ORS.
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A B C D E F G H 1075 PREM SINGH v. STATE OF UTTAR PRADESH & ORS. (Civil Appeal No. 6798 of 2019) SEPTEMBER 02, 2019 [ARUN MISHRA, S. ABDUL NAZEER AND M. R. SHAH, JJ.] Service Law: Pension - Computation of qualifying service for grant of pension - Period of work-charged services - Whether can be included in the qualifying service - Employee's service in work- charged establishment for a period of about 37 years - Thereafter regularized in the establishment - On superannuation, claim of the employee for grant of pension by counting the period spent in the work-charged establishment - Claim denied - Writ petition dismissed - Special appeal also dismissed - Appeal to Supreme Court - Held: In view of r.3(8) of Retirement Benefits Rules and Regulations, 361, 368 and 370 of Civil Services Regulations and Para 669 of Financial Handbook Vol. VI relating to engagement of employees in the work-charged establishment, employees in work-charged establishment are not entitled to pension - In the present case appointment of work-charged employee was on monthly salary and the employee was also required to cross the efficiency bar - There was nothing to indicate qualitative difference of the employee from the regular employees - Rather, the employer had misused the very concept of work-charged employment on exploitative terms for the work which was regular and perennial in nature - Note to r. 3(8) of 1961 Rules provides for counting the period of work-charged employment if that period is between two temporary employments or in between temporary and permanent employment - The Note is irrational and discriminatory and makes impermissible classification in not counting the work-charged employment if it is rendered before regularization - In order to make the rule valid and non- discriminatory, Note to r.3(8) is read down that work-charged services rendered even prior to regularization, contingency paid fund employees or non-pensionable establishment shall also be 1075 [2019] 11 S.C.R. 1075 A B C D E F G H 1076 SUPREME COURT REPORTS [2019] 11 S.C.R. counted towards the qualifying service even if such service is not preceded by temporary or regular appointment in a pensionable establishment - The provision contained in Regulation 370 and the instructions contained in Para 669 of the Financial Handbook is struck down - Services of some other work-charged employees, who superannuated without being regularized even after rendering service of 30-40 years ought to have been regularized under the Government instructions and also as per the decision in *Uma Devi case - Services of such employees be treated regular and hence be treated entitled to receive pension - Uttar Pradesh Retirement Benefits Rules, 1961 - r. 3(8) - Uttar Pradesh Civil Services Regulations - Regulation 370 - Financial Handbook Vol. VI - Para 669. Allowing the appeals filed by the employees and dismissing those filed by the State/employer, the Court HELD: 1.1 The qualifying service is the one which is in accordance with the provisions of Regulation 368 of Uttar Pradesh Civil Services Regulations i.e. holding a substantive post on a permanent establishment. The proviso to Rule 3(8) of Uttar Pradesh Retirement Benefits Rules, 1961 clarify that continuous, temporary or officiating service followed without interruption by confirmation in the same or any other post is also included in the qualifying service except in the case of periods of temporary and officiating service in a non-pensionable establishment. The service in work-charged establishment and period of service in a post, paid from contingencies shall also not count as qualifying service. The Note appended to Rule 3(8) contains a clear provision to count the qualifying service rendered in work-charged, contingency paid and non- pensionable establishment to be counted towards pensionable service, in the exigencies provided therein. [Paras 10 and 11] [1085-F-H; 1086-B] 1.2 The provisions contained in Regulation 370 of the Civil Services Regulations excludes service in a non-pensionable establishment, work-charged establishment and in a post, paid from contingencies from the purview of qualifying service. Under Regulation 361 of the Civil Services Regulations, the services must be under the Government and the employment must be A B C D E F G H 1077 substantive and permanent basis. Para 669 of the Financial Handbook Vol. VI relating to engagement of employees in the work charged establishment provides that except in
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