Radhey Shyam Patel vs State Of U.P. And 3 Others
2021 Latest Caselaw 6877 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - A No. - 4375 of 2021
 

 
Petitioner :- Radhey Shyam Patel
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Kripa Shanker
 
Counsel for Respondent :- C.S.C.,Narendra Kumar Tiwari
 

 
Hon'ble Prakash Padia,J.

This Court is presently working on virtual mode only due to surge in Covid-19 cases.

Heard learned counsel for the parties.

The petitioner has preferred the present petition inter-alia with the prayer to issue mandamus directing the authority concerned to include the name of petitioner under Old Pension Scheme, as provided under Uttar Pradesh Retirement Benefit Rules, 1961 (hereinafter referred to as the Rules, 1961) and benefit of provident fund under the General Provident Fund Rule 1985.

Facts in brief as contained in the petition are that the petitioner was engaged as Muster Roll in the year 1981 under the Unit of Electric Construction Naini Allahabad on daily wages. Thereafter he was working regular and in the year 2003, he was appointed on regular basis on the post of labour and he was promoted on the post of T.G.II (Lineman) but he was not granted pension under Old Pension Scheme, 1961.

It is argued that since the petitioner is appointed in the year 2003, therefore, he is entitled for old pension Scheme Learned counsel for the petitioner in support of his case relied upon a judgment delivered by this Court passed in Writ A No.55606 of 2008 (Mahesh Narayan And Others Vs. State Of U.P. And Others ) decided on 19.12.2019. It is argued that the petitioner in the light of the aforesaid judgment, made various representations before the authority concerned but till date no final decision has been taken on the same.

Heard learned counsel for the parties. With the consent of learned counsel for the parties, the present petition is disposed of permitting the petitioner to submit a fresh representation before the authority concerned along with a copy of this order as well as a copy of the petition within a period of two weeks from today. If such a representation has been filed within the stipulated period, the authority concerned will decide the same within a period of three months from the date of filing of such representation before him.

Order Date :- 30.6.2021

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