Bhagwandeen vs State Of U.P. And Another
2021 Latest Caselaw 139 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 13556 of 2020
 
Petitioner :- Bhagwandeen
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Jiya Lal Patel,Ashok Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajay Bhanot,J.

Petitioner has made an application for grant of various service benefits including gratuity, pension, benefits of ACP and has also prayed for counting his services rendered by him in Allahabad Mandal Vikas Nigam Ltd. as Tube Well Operator. The petitioner superannuated from service as Gram Panchayat Adhikari on 30.06.2020. The representation tendered by the petitioner has not been decided till date. It is contended that similarly situated persons have been granted benefit of service rendered as Tube Well Operator.

Learned counsel for the petitioner relies on the judgment rendered by this Court in Writ - A No. - 12190 of 2019 (Ram Dular and Another Vs State of U.P. and Another).

Learned Standing Counsel per contra contends that grant of service benefits has to be made in accordance with the applicable rules. However, the claim of the petitioner for grant of service benefits as made in the representation dated 13.11.2019 has to be considered expeditiously.

In the wake of preceding discussion the matter is remitted to respondent no. 2, District Panchayat Raj Officer, Kanpur Dehat.

The petitioner shall file a fresh application within a period of one month from today along with the supporting documents if any.

A writ in the nature of mandamus is issued commanding respondent no. 2-District Panchayat Raj Officer, Kanpur Dehat to execute the following direction:

The respondent no. 2-District Panchayat Raj Officer, Kanpur Dehat shall decide the representation of the petitioner for counting the services rendered by him in Allahabad Mandal Vikas Nigam Ltd. as Tube Well Operator, as well as for grant of other service benefits like pension, ACP, within a period of four months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad alongwith a copy of the fresh representation as aforesaid and supporting documents, if any.

The computer generated copy of such order shall be self attested by the counsel of the party concerned and the 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.

The writ petition is disposed of finally.

Order Date :- 5.1.2021

Pravin