Mahendra Pratap Sharma vs State Of U.P. And 4 Others
2021 Latest Caselaw 10163 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 3427 of 2021
 

 
Petitioner :- Mahendra Pratap Sharma
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Abhishek Kumar Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

The present petition has been filed with the following prayers:-

"1. To issue a writ, order or direction in the nature of Mandamus commanding the respondents especially the Ziladhikari Varanasi/Respondent No. 4 to fix and grant the regular pension in place of provisional pension and other retiral benefits including the gratuity with the arrears and interest thereon to the petitioner calculating his entire service of 39 years 5 months and 24 days as qualifying service with effect from 07.02.1978 to 31.07.2017 within the period stipulated by this Hon'ble Court.

2. To issue a writ, order or direction in the nature of Mandamus commanding the respondents specifically the Ziladhikari Varanasi to consider and decide the application/representation dated 27.11.2020 moved by the petitioner within the period stipulated by this Hon'ble Court."

The contention of learned counsel for the petitioner is that the petitioner was appointed on the post of Lekhpal on 7.2.1978 on the substantive post and the services of the petitioner were regularized on 13.09.2006. The petitioner retired after rendering services on 31st July, 2017, however, the petitioner was not paid pension, as such the petitioner has approached this Court by filing the present writ petition.

When the writ petition was filed, this Court did not pass the orders on the ground that the Government had issued an Ordinance being The Uttar Pradesh Qualifying Service for Pension and Validation Ordinance, 2020, the vires of which was challenged. This Court vide judgment dated 4.2.2021 passed in Special Appeal Defective No. 1003 of 2020 (State of U.P. and others Vs. Mahendra Singh), interpreted Section 2 of the said Ordinance, 2020 to hold that the services rendered even prior to the date of regularization would be counted as qualifying service.

In view of the said judgment passed by this Court, no issue remains with regard to the payment of pension to the petitioner. Accordingly, the writ petition is allowed with direction to the respondents to pay the pension to the petitioner in accordance with law, as expeditiously as possible, preferably within a period of four months from the date of production of a copy of this order, alongwith interest at the rate of 6% per annum from the date of retirement of the petitioner till payment/realization.

Copy of the order downloaded from the official website of this Court shall be treated as certified copy of this order.

Order Date :- 12.8.2021

S. Rahman