Savitri Devi And Another vs State Of U.P. And 4 Others
2021 Latest Caselaw 1370 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 
Case :- WRIT - A No. - 14742 of 2020
 
Petitioner :- Savitri Devi And Another
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Kapoor Chandra Vishwakarma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Suneet Kumar,J.

Petitioners submit that they were appointed in U.P. Cement Corporation a Govt. of Uttar Pradesh company, which was wound up on 8.12.2019. It is stated that petitioners are entitled to payment of pension but their claim is not considered apparently on the ground that their services were governed by the certified standing orders. It is submitted that this issue has ultimately been adjudicated by the Division Bench of this Court in Special Appeal Defective No.773 of 2016 vide judgment dated 21.12.2017 holding that pension would be payable to such employees also. Submission is that petitioners' claim for grant of pension and other retiral benefits is liable to be considered in view of the judgment of the Division Bench. It is also stated that though various representations have been made but till date petitioners' claim has not been examined.

Learned Standing Counsel states that an appropriate consideration would be made by the authority concerned in accordance with law.

Considering the facts and circumstances of the present case, petitioners are directed to submit separate representation to the respondent no.1-Principal Secretary, Department of Industrial Development Department, Anubhag-1, Lucknow, who shall accord consideration to petitioners' claim for grant of retiral benefits, including pension, keeping in view the Division Bench judgment of this Court, referred to above, by passing a reasoned order, within a period of four months from the date of presentation of copy of this order. All consequential action shall be taken accordingly.

Subject to the above, the writ petition is disposed of.

In view of the fact that due to the pandemic of COVID-19, the certified copy is not being issued by the High Court, therefore, the order downloaded from the website duly certified by learned counsel for the petitioners may be treated as true copy of the order and the Authority may not refuse to comply the order on the ground of non filing of certified copy of the order.

Order Date :- 21.1.2021

K.K. Maurya