Awadhesh Kumar Singh vs State Of U.P. And 5 Others
2021 Latest Caselaw 9732 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 9030 of 2021
 

 
Petitioner :- Awadhesh Kumar Singh
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Avneesh Tripathi,Raghwendra Prasad Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

The present petition has been filed challenging the order dated 19th March, 2021, whereby the petitioner has been denied the benefit of the pension merely on the ground that the petitioner did not have the necessary qualifying service, which has been calculated based upon the U.P. Ordinance No. 19 of 2020, placing reliance on Section 2 of the said Ordinance.

The facts, in brief, are that the petitioner was initially appointed on ad hoc basis vide order dated 28th February, 1992 and the services of the petitioner stood regularized vide order dated 25th September, 2009 w.e.f. 16.3.2005. The claim of the petitioner is that the period of 28th February, 1992 up to 16.3.2005 was not considered while computing the qualifying service in the light of Section 2 of the Ordinance No. 19 of 2020.

The said question is no more res integra and is squarely considered by Special Appeal Bench of this Court in Special Appeal Defective No. 1003 of 2020, decided on 4.2.2021 as well as Special Appeal No. 97 of 2021 (State of U.P. and others Vs. Bhanu Pratap Sharma), decided on 9.6.2021, wherein this Court while dealing with the similar issues, held that the services of the appellant rendered prior to his regularization would entitle benefit to the appellant even in terms of Section 2 of the said Ordinance No. 19 of 2020, the special appeals were allowed.

Following the said two judgments and considering the fact that the impugned order records the only reason for counting the services of the petitioner from 28th February, 1992 up to 16.3.2005 being the mandate of Section 2 of the said Ordinance No. 19 of 2020, no useful purpose would be served in keeping the writ petition pending. Accordingly, the writ petition deserves to be allowed. The order dated 19th March, 2021 is set aside with direction to the respondents to compute the period w.e.f. 9.5.1992 up to 16.3.2015 as qualifying service for calculating the total qualifying service of the petitioner and the petitioner shall be entitled to payment of pension and other retiral dues on the basis of the said total qualifying services rendered by the petitioner.

The writ petition is allowed in terms of the said order.

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

Order Date :- 6.8.2021

S. Rahman