Ram Prakash Maurya vs State Of U.P. And 5 Others
2022 Latest Caselaw 10286 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 11934 of 2022
 

 
Petitioner :- Ram Prakash Maurya
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Satish,Raj Kumar Gupta
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Petitioner is claiming that his services rendered as work charge employee since 04.10.2001 be considered for qualifying service for the purpose of pension, whereas the impugned order dated 23.12.2021 passed in pursuance of an order passed by this Court dated 07.10.2021 in Writ-A No. 13048 of 2021. The claim has been rejected on the ground that due to enactment of Act No. 1 of 2021 services rendered in work charge establishment cannot be calculated for the purpose of pension and petitioner's services will be calculated only since he was regularized, i.e., w.e.f. 17.08.2006.

2. Learned counsel for the petitioner has tried to impress the Court by relying upon a judgment passed by Division Bench of this Court in Special Appeal no. 97 of 2021 (State of U.P. and others vs. Bhanu Pratap Sharma), decided on 09.06.2021. He, however, failed to place on record that petitioner was appointed in accordance with service rules as well as since the basis of judgment passed by Supreme Court in Prem Singh vs. State of U.P. and others, 2019(10) SCC 516 has been removed by aforesaid Act No. 1 of 2021, how the prayer be allowed, therefore, this Court do not find any irregularity or error in the impugned order whereby claim of petitioner was rejected on the ground that service as work charge employee cannot be included towards qualifying service for the purpose of pension.

3. At this stage, learned counsel for petitioner submits that petitioner is not even given benefit of GPF till date.

4. Learned Standing Counsel appearing for State-Respondents, on instruction, submits that if petitioner's GPF amount, as entitled, is not paid till date, the same will be paid expeditiously.

5. In view of above, while rejecting prayer of petitioner qua to qualifying service for pension, this writ petition is disposed of with the direction to respondents to pay GPF amount of petitioner, as applicable to him, in accordance with law, expeditiously.

6. Petitioner will have a fresh cause of action depending upon outcome of challenge to Act No. 1 of 2021 in Writ Petition (Civil) No. 1458 of 2020, Uttar Pradesh Ground Water Department Non-Gazetted Employees Association (Regd.) and another vs. The Chief Secretary, Government of U.P. and others, pending before Supreme Court.

Order Date :- 16.8.2022

AK