Allahabad High Court
Abdul Aziz vs State Of U.P. And 3 Others on 9 August, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 70 of 2019
Petitioner :- Abdul Aziz
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Anil Kumar Srivastava,Surendra Singh Chauhan
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
On the matter being taken up today, learned counsel for the petitioner has confined his prayer to the effect that direction may be issued to the respondent authorities to pay the entire pensionary benefits to the petitioner after counting the earlier services rendered by petitioner on work charge basis and treating the petitioner to have completed ten years services in the light of judgements of Hon'ble the Apex Court in the case of Prem Singh vs. State of U.P. and others 2019 (10) SCC 516.
Learned counsel for the petitioner submits that identical issue has come up before this Court in Writ A no.5106 2021 (Sudarshan Pandey vs. State of U.P. and others) and this Court by order dated 01.07.2021 has disposed of the writ petition with following observations:-
"Heard Sri Bhagwan Dutt Pandey, learned counsel for the petitioner, Sri K.R. Singh, learned counsel for respondent through video conferencing mode.
Learned counsel for the petitioner Sri Bhagwan Dutt Pandey, submits that the petition is entitled to the benefit of services rendered in the work charge establishment for grant of pension and other service benefits. The petitioner has made a representation in this regard. It is contended that the case of the petitioner is covered by the judgment of the learned Division Bench of this Court rendered in Special Appeal No. 97 of 2021 (State of U.P. Vs. Bhanu Pratap Sharma).
Sri K.R. Singh, learned Additional Chief Standing Counsel who also appears for respondent No. 2,3 and 4 contends that the claim of the petitioner is a mixed question of fact and law. The issue has to be decided by the competent authority in the first instance, which shall also determine whether the judgment rendered by this Court in Bhanu Pratap Sharma (supra) is applicable to the facts and circumstances of this case.
In view of the above, no useful purpose will be served by keeping this writ petition pending. With the consent of parties, the writ petition is being disposed of finally.
The matter is remitted to respondent No. 2 Gorakhpur Development Authority, Groakhpur.
A writ in the nature of mandamus is issued commanding the respondent No. 2 Gorakhpur Development Authority, Groakhpur to execute the following directions:
The respondent No. 2 Gorakhpur Development Authority, Groakhpur shall decide the representation of the petitioner for grant of benefits as stated above by a reasoned order within a period of three months from the receipt of copy of this order downloaded from the official website of the High Court of Judicature at Allahabad along with fresh copy of representation. The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing along with fresh copy of representation.
It is clarified that this Court has not considered the controversy on merits. The same shall be decided by the respondent No. 2 Gorakhpur Development Authority, Groakhpur upon independent application of mind in accordance with law.
With the aforesaid directions, the writ petition is disposed of."
In this backdrop, learned counsel for the petitioner states that the present matter is also squarely covered with the aforesaid matter and as such similar treatment may also be extended to the petitioner.
So far as the factual and legal aspect is concerned, moreover the same is accepted by counsel for the respondents.
In the facts and circumstances of the case, following the same set of reasoning, the writ petition is disposed of with the direction that in case petitioner moves a fresh application before the Competent Authority within ten days' from today, this Court hopes and trust that the Authority concerned would decide the claim of the petitioner for grant of benefits as stated above by a reasoned order within a period of three months from the receipt of copy of this order downloaded from the official website of the High Court of Judicature at Allahabad along with fresh copy of representation. The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing along with fresh copy of representation.
Order Date :- 9.8.2021
A. Pandey
