Ramesh Chandra Yadav vs State Of U.P. And 4 Others
2021 Latest Caselaw 10614 ALL

Citation : 2021 Latest Caselaw 10614 ALL
Judgement Date : 18 August, 2021

Allahabad High Court

Ramesh Chandra Yadav vs State Of U.P. And 4 Others on 18 August, 2021

Bench: Pankaj Bhatia




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 10141 of 2021
 

 
Petitioner :- Ramesh Chandra Yadav
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Suresh Kumar Maurya
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

The present writ petition, inter alia, has been filed with the following prayer:

"a. Issue a writ, order or direction in the nature of mandamus commanding Respondent no. 3 (District Magistrate, Agra) for deciding the pensionary claim of the petitioner and releasing all the pensionary benefits of the petitioner from the date of his retirement."

The contention of the counsel for the petitioner is that the petitioner was initially appointed on the ad hoc post on 17.6.1988 and the services were actually regularized on 8.3.2019. He argues that the services rendered by the petitioner from 17.6.1988 to 8.3.2019 should be added for computation of qualifying services for payment of pensionary benefits and retiral dues. It is claimed that the date of retirement of the petitioner is 30.7.2020.

Petitioner contends that law in this regard is settled in the case of Prem Singh Vs. State of UP, 2019 (10) SCC 516 as well as in view of the judgment of this Court in the case of State of UP and 4 others Vs. Bhanu Pratap Sharma (Special Appeal No. 97 of 2021 decided on 9.6.2021). He claims that he has already file a representation, which is pending consideration.

In view thereof, the writ petition is disposed off with a direction to the respondent No. 3, District Magistrate, Agra to consider the claim of the petitioner in the light of the judgment in the case of Prem Singh Vs. State of UP, 2019 (10) SCC 516 and the judgment of this Court in the case of State of UP and 4 others Vs. Bhanu Pratap Sharma (Special Appeal No. 97 of 2021 decided on 9.6.2021).

The said decision shall be taken with all expedition preferably within a period of four months from the date of receipt of a web generated copy of this order.

The petitioner shall be entitled to all consequential benefits in terms of the said decision.

Order Date :- 18.8.2021

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