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Supreme Court of India 2019-09-02

PREM SINGH vs THE STATE OF UTTAR PRADESH SECRETARY

Bench: 3 — Arun Mishra, S. Abdul Nazeer, M.R. Shah

In Brief

Work-charged employees of Uttar Pradesh's Ram Ganga River Valley Project and other government establishments sought pension benefits counting their pre-regularization service. The Supreme Court held that Rule 3(8) of the U.P. Retirement Benefit Rules, 1961, and Regulation 370 of the Civil Services Regulations unlawfully excluded work-charged service from qualifying service for pension. The Court read down these provisions to include such service, noting the parity with the Punjab rule already struck down in Kesar Singh. The Court found the distinction—counting work-charged service only if sandwiched between temporary appointments—to be irrational and discriminatory under Article 14. Pension arrears were limited to three years before judgment. All employee appeals were allowed; State appeals dismissed.

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Constitutional Law Administrative Law Service Law Pension Benefits Equality and Non-Discrimination Civil Services Regulations

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