Santlal vs State Of U.P. And 3 Others
2022 Latest Caselaw 11541 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - A No. - 12720 of 2022
 

 
Petitioner :- Santlal
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Jamil Ahamad Azmi,Mariyam Azmi
 
Counsel for Respondent :- C.S.C.,Abhishek Krishna
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

(1) Heard the learned counsel for the petitioner and Shri Abhishek Krishna who appears for the Respondents.

(2) This petition has been filed by the petitioner praying for a Mandamus to be issued to the Respondents to treat the services of the petitioner as qualifying service for grant of Pensionary benefits and to release the arrears of salary etc. to the petitioner.

(3) It is the case of the petitioner that he was initially appointed as Pump Attendant on daily wage basis with the Respondent nos.3 and 4 in 1990. He was regularized on 13.02.2009 in a vacancy arising out of retirement of regular employee. The petitioner has retired on 31.10.2020 but thte respondents have not released his Pension, Leave Encashment, Gratuity etc. The petitioner has made a Representation in this regard to the Respondent no.3 on 23.03.2021 which is pending till date. Learned counsel for the petitioner has placed reliance upon the judgments of the Supreme Court in the case of Prem Singh Vs. State of U.P. and Others reported in AIR 2019 SC 4390, and prays that the said benefit be given to the petitioner as well.

(4) Learned counsel for the Respondent nos.3 and 4 says that since the petitioner has already made a Representation which shall be considered expeditiously.

(5) This petition is finally disposed of with a direction to the petitioner to make a fresh detailed Representation relying upon the case law within a period of two weeks. In case such Representation is made to the Respondent no.4, the same shall be considered by the Respondent no.4 and to pass appropriate reasoned and speaking orders within a period of eight weeks thereafter.

(6) In case any dues are admissible to the petitioner, the same shall also be ensured to be paid within a period of four weeks from the date a representation of the petitioner is decided by him.

Order Date :- 29.8.2022

PAL