HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- WRIT - A No. - 19394 of 2013 Petitioner :- Dr. Ram Sajeevan Respondent :- State Of U.P.& 2 Ors. Counsel for Petitioner :- S.K.Mishra Counsel for Respondent :- C.S.C. Hon'ble Arun Tandon,J.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the parties and perused the record.
This writ petition has been filed challenging the order of the Principal Secretary, Ayurvedic & Unani Services dated 6.2.2013, whereunder the claim of the petitioner for regularization had been rejected and thereafter, it has been held that since the petitioner has not been regularized, he is not entitled to the benefit of pension and gratuity.
So far as the issue of regularization is concerned, learned counsel for the petitioner submitted that his case would not fall within the regularisation rules and, therefore, the prayer in that regard is not pressed.
However, in view of the order of Government dated 1.7.1989, the petitioner claims to be entitled to the benefit of pension and other retiral dues in as much as he has completed more than 10 years of regular service, although, on ad hoc basis. Reliance is placed upon the Government Order dated 1.7.1989, which has not been taken into consideration nor the claim of the petitioner for the purposes of payment of pension etc. had been examined in that light.
We disposed of this writ petition by providing that petitioner may file a representation in support of claim for pension and other retiral dues with reference to the Government order dated 1.7.1989 within two weeks from today with a certified copy of this order. Respondent no.2 shall consider the same by means of a reasoned order in light of the Government Order dated 1.7.1989 or such other Government Order as may be applicable preferably within eight weeks thereafter. All consequential actions shall be taken accordingly.
Order Date :- 16.7.2015 Ashish Pd.