Allahabad High Court
Shishupal Dubey & Ors. vs State Of U.P.Thru ... on 7 January, 2021
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 18
Case :- SERVICE SINGLE No. - 218 of 2021
Petitioner :- Shishupal Dubey & Ors.
Respondent :- State Of U.P.Thru Prin.Secy.Irrigation Deptt. Lucknow & Ors.
Counsel for Petitioner :- S.P. Singh "Somvanshi"
Counsel for Respondent :- C.S.C.
Hon'ble Chandra Dhari Singh,J.
Heard learned Counsel for petitioners and learned Standing Counsel appearing for the State.
The instant petition has been filed with the following prayers:
"(i). Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to grant pension to the petitioners, after counting the services rendered by the petitioners in the work charge establishment as qualifying service for the purpose of grant of pension, in terms of judgment and order dated 02.09.2019, passed by the Hon'ble Apex Court in the case of Civil Appeal No.6798 of 2019 (Prem Singh Vs. State of U.P. and others).
(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to consider the seniority of the petitioners after including the services of the work charge establishment and given the arrears of pension as well as other all consequential benefits to the petitioners in the light of judgment and order dated 02.09.2019 passed in the case of Civil Appeal No.6798 of 2019 (Prem Singh Vs. State of U.P. and others).
(iii) Issue any other writ, order or direction which this Hon'ble Court deem fit and proper under the circumstances of the case."
After arguing at some length, learned Counsel for the petitioners submits that they may be permitted to approach the authority concerned for redressal of his grievance in the light of Prem Singh's case (supra).
Learned Additional Chief Standing Counsel for the State - respondents has submitted that the Rule has been amended and the judgment of Prem Singh's case (supra) is not applicable. However, he has no objection if a direction is issued to consider the grievance of the petitioners.
Considering the innocuous prayer of the learned Counsel for the petitioners and without entering into the merit of the case, the writ petition is disposed of with liberty to the petitioners to approach the authority concerned within 15 days from today through a representation/application ventilating all their grievances, annexing therewith a copy of this writ petition along with all annexures and the documents in support of his claim.
In case, such a representation is moved by the petitioners, the Principal Secretary, Irrigation Department, Civil Secretariat, U.P., Lucknow shall consider and decide the same, in accordance with law as well as in the light of the Prem Singh's case (Supra) by a speaking and reasoned order within a period of two months from the date of production of certified copy or self attested computer generated copy of this order.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad.
Order Date :- 7.1.2021
nishant/-
