Ram Swaroop & 32 Ors. vs State Of U.P. Through Prin. Secy. ...
2013 Latest Caselaw 2416 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- SERVICE SINGLE No. - 2873 of 2013
 

 
Petitioner :- Ram Swaroop & 32 Ors.
 
Respondent :- State Of U.P. Through Prin. Secy. P.W.D. Lko. & Ors.
 
Petitioner Counsel :- Vinod Kumar Shukla,Mrinal Tripathi
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Ajai Lamba,J.

Issue, in brief, is that the petitioners are still in service and are scheduled to superannuate.  Respondent-State is not counting the period spent in service on workcharge basis for pensionary benefits.  Provisions having counter effect were challenged and struck down by a Full Bench of the Punjab & Haryana High Court in the case of Kesar Chand v. State of Punjab and Haryana and others, AIR 1988 Punj. & Har 265.

The matter was carried to Hon'ble Supreme Court of India.  The judgment rendered by the Full Bench has been upheld.

Learned counsel appearing for the petitioners contends that a similar issue came before a Division Bench of this court in State Appeal (D) No.264 of 2013 titled as State of U.P. v. Prem Chandra and others.  This court taking note of the legal position has held that the concerned provisions be read down to conform to the judgment of the Hon'ble Supreme Court of India in Kesar Chand's case (supra).

List this case alongwith Writ Petition No.1485(SS) of 2012.

Order Date :- 20.5.2013

A.Nigam