Dr.Hari Nath vs State Of U.P. And Another
2021 Latest Caselaw 1880 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 1165 of 2021
 

 
Petitioner :- Dr.Hari Nath
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Vikas Budhwar,Gaurav Gautam
 

 
Hon'ble Yashwant Varma,J.

Heard learned counsel for parties.

Learned Standing Counsel fairly concedes that the issue raised in this petition stands concluded in favour of the petitioner in light of the decision rendered in Dr. Amrendra Narain Srivastava Vs. State of U.P. and other (Writ A No.61974 of 2011). The aforesaid judgment has been followed in a recent judgment rendered by the Court in Dr. Ravindra Kumar And 8 Ors. Vs. State of U.P. And Ors. (Writ A No.22833 of 2018) where after noticing the settled legal position, the Division Bench held thus:-

"The above controversy came up for consideration before Division Bench of this Court in Writ-A No.61974 of 2011, Dr. Amrendra Narain Srivastava vs. State of U.P. and others. The Court allowed the aforesaid writ petition vide judgment and order dated 1.3.2012 holding that the petitioners therein, which were similarly situated as the petitioners herein, are entitled to pension with effect from the date when they joined the services with the State Government and the State Government will calculate their pension and make payment accordingly, within the specified period.

The aforesaid decision in Dr. Amrendra Narain Srivastava (supra) was followed by another Division Bench of this Court in Writ-A No.44549 of 2015, Dr. Mayank Shekhar Upadhyay vs. State of U.P. and others, decided on 4.1.2017 and similar directions as aforesaid, were issued therein. This order of the Division Bench of this Court was challenged before the Supreme Court by means of Special Leave Petition No.33111 of 2017, State of U.P. and others vs. Dr. Mayank Shekhar Upadhyay and the same was dismissed on 9.3.2018.

In view of the above, the aforesaid decisions in the matter of Dr. Amrendra Narain Srivastava and Dr. Mayank Shekhar Upadhyay(supra) are final and conclusive.

Thus, following the above decisions, we dispose of this petition holding that the petitioners are entitled to terminal benefits by counting their services from the date of their initial appointment with the State Government and that the respondents shall work out the pension and other dues payable to them accordingly and make the payment within the next two months."

In view of the aforesaid, the instant petition is allowed to the extent that the respondents shall now proceed to compute the pensionary benefits payable to the petitioner after inclusion of service rendered by him in ad-hoc capacity. The issue of payment of interest is left open to be considered by the first respondent while dealing with the aforesaid issue. The exercise of consideration shall be concluded with expedition and in any case within a period of two months from today.

Order Date :- 2.2.2021

Vivek Kr.