Allahabad High Court
Dr. D.R. Darwade vs State Of U.P. Thru. Addl.Chief ... on 27 August, 2021
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Reserved on 11.08.2021
Delivered on 27.08.2021
Case :- SERVICE SINGLE No. - 15376 of 2021
Petitioner :- Dr. D.R. Darwade
Respondent :- State Of U.P. Thru. Addl.Chief Secy. Labor,Lko.& Ors.
Counsel for Petitioner :- Amol Kumar,Jatin Gajwani,Shivanshu Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Amol Kumar, learned counsel for the petitioner and Sri Raghvendra Kumar Singh, learned Advocate General of U.P. assisted by Sri Manjive Shukla, learned Additional Chief Standing Counsel for the State-respondents.
2. By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(I) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 31.05.2021, having reference No.267/S.N.P./M.I-P6/130/760310 passed by the Joint Director Pension, Employees State Insurance Scheme, Labour and Medical Services, Meerut Mandal, Meerut by means of which, the pension to the petitioner was directed to be stopped with immediate effect, and the office order dated 01.04.2021 having reference No.T-16/ VINIYAMITIKARAN/ 2021/6036 issued by the Director, Employees State Insurance Scheme, Sarvoday Nagar, Kanpur, collectively annexed as Annexure No.1 to the writ petition, as well as any order being passed by the State Government for stoppage of pension to the petitioner.
(II) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to release the pension to the petitioner, without any delay or interruption."
3. It has been informed at the bar that the present writ petition is connected with the writ petition bearing Writ Petition No.14287 (S/S) of 2021; Dr. Sushil Chandra Tiwari vs. State of U.P. & others being identical and similar except some differences regarding the date of appointment and the date of regularization and the date of impugned order, however, legal submission is the same, therefore, the present writ petition may be decided in terms of judgment and order dated 27.08.2021 passed by this Court in re: Dr. Sushil Chandra Tiwari (supra).
4. Since this writ petition is having similar and identical controversy and this Court decided the writ petition of Dr. Sushil Chandra Tiwari (supra) finally vide judgment and order dated 27.08.2021, therefore, the present writ petition is decided in terms of the judgment and order being passed in the case of Dr. Sushil Chandra Tiwari (supra) and the benefit of that order is extended to the present petitioner.
5. Accordingly, the instant writ petition is allowed in terms of judgment and order dated 27.08.2021 rendered in Writ Petition No.14287 (S/S) of 2021; Dr. Sushil Chandra Tiwari vs. State of U.P. & others.
6. A writ in the nature of certiorari is issued quashing the orders dated 31.05.2021 passed by the Joint Director, Pension Employees State Insurance Scheme, Labourt and Medical Services, Meerut Mandal, Meerut and the order dated 01.04.2021 issued by the Director, Employees State Insurance Scheme, Sarvoday Nagar, Kanpur, collectively contained as Annexure No.1 to the writ petition. A writ in the nature of mandamus is also issued commanding the opposite parties to release the pension of the petitioner forthwith, preferably within a period of one month from the date of production of a certified/ computerized copy of this order, failing which, the petitioner shall be entitled for interest at the rate of 6% per annum.
7. No order as to costs.
[Rajesh Singh Chauhan,J.]
Order Date :- August 27, 2021
Suresh/
