Allahabad High Court
Smt.Nirmala vs State Of U P And 4 Others on 17 August, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 6
Case :- WRIT - A No. - 10025 of 2021
Petitioner :- Smt.Nirmala
Respondent :- State Of U P And 4 Others
Counsel for Petitioner :- Sanjai Kumar Pandey
Counsel for Respondent :- C.S.C.,Mohammad Mustafa
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner, Shri Vivekanand Maurya, learned counsel for the respondent no. 5 and learned Standing Counsel for the State-respondents.
The present petition has been filed alleging that the husband of the petitioner was appointed on ad hoc basis in the year 1987 as a daily wager on the post of sweeper, his services were regularized in the year 2005, unfortunately he died on 9.3.2015. The petitioner being the wife applied for and was granted appointment on compassionate ground on account of death of her husband, however, with regard to the payment of pension and other retiral benefits, the same was not paid to the petitioner on the ground that the services rendered by the husband of the petitioner from 7.5.2005 up to 9.3.2015, the date of his death, fell short of the qualifying services, which is a period of ten years.
Counsel for the petitioner argues that a request was also made for relaxation of the qualifying service which fell short by a few months. In the alternative, he argues that even otherwise the services rendered by the husband of the petitioner from 1.8.1987 to 7.5.2005, the date of his regularization, ought to be counted while calculating qualifying service as was held by the Apex Court in the case of Prem Singh Vs. State of U.P. and Others; AIR 2019 SC 4390. He further argues that even otherwise this Court while interpreting the provisions of Uttar Pradesh Qualifying Service for Pension and Validation Ordinance, 2020, interpreted Section 2 thereof to hold that the services rendered as an ad hoc on substantive vacancy will also be counted for qualifying service for payment of benefits of pension and other retiral dues in judgment dated 9.6.2021 passed in Special Appeal No. 97 of 2021 (State of U.P. and others Vs. Bhanu Pratap Sharma).
As admittedly, the services of the husband of the petitioner commenced on substantive post on 1.8.1987, there is no reason why the services rendered by the husband of the petitioner from 1.8.1987 up to 7.5.2005, the date of regularization, would not be counted for computing benefits for the qualifying service.
Accordingly, the writ petition is disposed off with a direction to the respondents to pay the benefits which are payable on account of of death of the husband of the petitioner, after including the services rendered by the husband of the petitioner from 1.8.1987 to 6.5.2005 as qualifying service. The said benefit shall be given to the petitioner with all expedition, preferably within a period of four months from the date of production of a copy of this order before the concerned respondents.
Copy of the order downloaded from the official website of this Court shall be treated/accepted as certified copy of this order.
Order Date :- 17.8.2021
S. Rahman
