WPSS/126/2023 of KHEEM SINGH Vs STATE OF UTTARAKHAND

Court: Uttarakhand High Court
Decision date: 2023-11-01
Case number: 126 of 2023

Parties

SL. NoDateOffice Notes, reports, orders or proceedings or directions and Registrar’s order with SignaturesCOURT’S OR JUDGES’S ORDERS (PETITIONER)
STATE OF UTTARAKHAND (RESPONDENT)

Statutes cited (5)

code of criminal procedure, 439 (1973)
code of criminal procedure, 161 (1973)
constitution of india, article-21 (1950)
indian penal code (1860)
constitution of india (1950)

Full text

solid underline = linked page · dashed underline = case is in our corpus, page not published yet · dotted red = recognized reference, not in our corpus

Show all Body

|**SL.** **No**|**Date**|**Office Notes,** **reports, orders or** **proceedings or** **directions and** **Registrar’s order** **with Signatures**||**COURT’S OR JUDGES’S ORDERS**|
|---|---|---|---|---|
|||||WPSS No. 126 of 2023 **Hon’ble Man oj Ku m ar Tiw ar i, J.** Mr. B. D. Pande and Mr. Bharat Tiwari, Advocates for the petitioner. Mr. V. S. Rawat, learned Brief Holder for the State. According to petitioner, he was engaged as daily wager in Irrigation Department, Almora in the year 1991 and his engagement was discontinued upon completing age of superannuation on 30.06.2015. In this writ petition, petitioner has claimed for pension by treating services rendered by him as a daily wager as qualifying service. Learned counsel for petitioner could not show any rule or Government Order providing for grant of pension to daily wager for services rendered by him as a casual employee. Learned counsel relied upon judgment rendered by the Hon’ble Supreme Court in the case of “Prem Singh Vs. State of Uttar Pradesh, 2019(10) SCC 516”. However, the said judgment deals with the case of work charge employees, who were later regularized in service. Admittedly, petitioner is not regularized in service and his engagement was discontinued, while he was still daily wager. Thus, in the humble opinion of this Court, relief as claimed by petitioner cannot be granted to him. Accordingly, writ petition is dismissed. **( Man oj Ku m ar Tiw ar i, J.)** 18.03.2023 _Akash_|