Allahabad High Court
Ramakant Yadav vs State Of U.P. And Another on 17 August, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 8809 of 2021
Petitioner :- Ramakant Yadav
Respondent :- State of U.P. and Another
Counsel for Petitioner :- Dharmendra Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Dharmendra Kumar Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State respondent.
By means of this petition, the petitioner has prayed for direction to the State respondents to release his pensionary benefits forthwith and to decide his last representation dated 15.4.2021.
Learned counsel for the petitioner has submitted that the petitioner has completed requisite period of service and the issue in question is no more res-integra in the light of judgment and order dated 7.3.2018 passed in the case of Ishrat Jahan Vs. State of U.P. and 3 others, Writ-A No.5737 of 2018 as well as order dated 02.02.2021 passed in the case of Dharam Raj Mishra vs. State of U.P. and others. He submits that the present issue is squarely covered with the dictum of this Hon'ble Court in Ishrat Jahan (supra) and Dharam Raj Mishra (supra), therefore, this writ petition may be decided finally in terms of aforesaid judgment and order dated 07.3.2018 and 02.02.2021. Relevant part of the judgment and order dated 07.3.20218 passed in Ishrat Jahan (supra) is as under:-
"21. The principle, which can be discerned from the above mentioned judgment, is that if adhoc/stopgap/temporary employee having essential qualification and is appointed in terms of the statutory Rules and he continues for a long time and fulfils the qualifying service, is entitled for pension and other retiral benefits.
22. Having regard to the facts and circumstances of the case, I am of the view that petitioner is entitled for the post retiral benefits as her appointment was made in terms of the statutory Rules and the same was also approved by the District Inspector of Schools by an order dated 8.5.2013. Admittedly, on account of an interim order dated 20.1.2004 passed in Writ Petition No.38769 of 2000, the petitioner continued to work in the institution and finally retired on attaining the age of superannuation on 1.7.2017 (worked under the sessions benefit upto 31.3.2018) and she worked uninterruptedly for more than 25 long years.
23. A direction is issued to the respondents to pay the post retiral benefits to the petitioner in accordance with law as expeditiously as possible preferably within three months from the date of communication of this order.
24. Consequently, the writ petition is allowed.
25. It is made clear that the petitioner is not entitled for the arrears of salary for the period from 3.7.1992 to 7.5.2013."
Learned counsel for the petitioner states that the present writ petition is also liable to be decided in terms of the aforesaid judgement.
Learned Additional Chief Standing Counsel does not dispute the factual and legal aspect of the matter.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending for consideration and without adverting on the merit of the case, the writ petition stands disposed of finally with the direction to the competent authority to decide the claim of the petitioner in the light of judgement and order in Ishrat Jahan (supra) and Dharam Raj Mishra (supra) strictly in accordance with law, as expeditiously as possible and preferably within three months from the date of production of a copy of this order before him.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 17.8.2021
A. Pandey
