Ram Milan Yadav & Anr. vs State Of U.P. Thru. Prin.Secy. ...
2021 Latest Caselaw 7307 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 
Case :- SERVICE SINGLE No. - 13969 of 2021
 
Petitioner :- Ram Milan Yadav & Anr.
 
Respondent :- State Of U.P. Thru. Prin.Secy. Irrigation Lko. & Ors.
 
Counsel for Petitioner :- Krishna Kumar Verma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

1. Heard learned counsel for petitioners and learned Standing Counsel for State-respondents through video conferencing.

2. The petitioners have filed the present writ petition for the following relief:-

"I. Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties to pay the pensionery benefits & all retiral dues to the petitioners in the light of the judgment and order dated 02.09.2019 of the Hon'ble Apex Court rendered in the case of Civil Appeal No.6798 of 2019 (Prem Singh Vs. State of U.P. and others)."

3. Learned counsel for petitioners submits that no pension is being paid to petitioners. He further submits that the petitioners are also entitled for the benefit of the judgment of Hon'ble Supreme Court dated 02.09.2019 rendered in the case of Prem Singh Vs. State of U.P. and Others, (Civil Appeal No.6798 of 2019 and other connected matters). Paragraph-36 of the aforesaid judgment read as:-

"36. In view of reading down Rule 3(8) of the U.P. Retirement Benefits Rules, 1961, we hold that services rendered in the work-charged establishment shall be treated as qualifying service under the aforesaid rule for grant of pension. The arrears of pension shall be confined to three years only before the date of the order. Let the admissible benefits be paid accordingly within three months. Resultantly, the appeals filed by the employees are allowed and filed by the State are dismissed."

4. In view thereof, without entering into merits of the case, the petitioners are permitted to make a fresh detailed representation to the Principal Secretary, Irrigation Department, Government of U.P., Civil Secretariat, Lucknow raising all their grievance, annexing therewith a copy of this writ petition along with annexures and all the relevant documents in support of their claim within a period of three weeks from today along with a certified copy of this order.

5. In case such a representation is moved by petitioners, the Principal Secretary, Irrigation Department, Government of U.P., Civil Secretariat, Lucknow shall consider and decide the same in accordance with law as well as in light of the aforesaid judgment of Hon'ble Supreme Court dated 02.09.2019 rendered in the case of Prem Singh Vs. State of U.P. and Others (supra), by a reasoned and speaking order within a period of three months from the date a certified copy of this order along with representation is placed before him.

6. With the aforesaid directions, the writ petition is disposed of finally.

Order Date :- 8.7.2021

Suresh/

[Rajesh Singh Chauhan,J.]