Allahabad High Court
Namo Narayan Pandey vs State Of U.P. And 3 Others on 5 December, 2022
Bench: Vikram D. Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - A No. - 1177 of 2016
Petitioner :- Namo Narayan Pandey
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- J.P.N. Singh,Ashok Kumar Mishra,Krishna Kant Tiwari
Counsel for Respondent :- C.S.C.
Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
It is submitted by learned counsel for the petitioner that the petitioner has retired on 30th June, 2015 from the post of Collection Peon. However, his claim for pensionary benefits has been rejected by the respondents on the ground of pendency of Writ Petition No.50164 of 2011 before this Court.
It is submitted by learned counsel for the petitioner that the abovementioned writ petition has been allowed by order dated 18th February, 2020 and a direction has been issued that the petitioner shall be considered to have been regularized from the date of initial appointment as Peon.
Learned counsel for the petitioner submits that the basis for passing the impugned order in the present writ petition has subsequently, been removed and as such the matter is required to be considered by the respondent authorities on merits in light of the judgment dated 18th February, 2020.
Learned counsel for the petitioner has relied upon a judgment of the Apex Court passed in Special Leave to Appeal (C) No.1109 of 2022, State of Gujarat and others Vs. Talsibhai Dhanjibhai Patel decided on 18th February, 2022, and submits that the aforesaid judgment entitles the petitioner for pensionary benefits. Some similarly situated persons have already been granted pensionary benefits.
Learned Standing Counsel does not dispute the fact that Writ Petition No.50164 of 2011 has been decided in favour of the petitioner. He submits that the impugned order may be set aside and the matter may be remanded back to the respondent no.2 for decision afresh.
Considering the facts and circumstances of the case, submissions of learned counsel for the parties and in view of the judgment dated 18th February, 2020, the objections raised in the impugned order that the aforesaid writ petition is pending stands removed by the judgment of this Court, the impugned order dated 4.12.2015 is hereby set aside. The writ petition is allowed and the matter is remanded back to respondent no.2 for decision afresh. The respondent no.2 while passing the order shall take into consideration judgment dated 18th February, 2020 passed in Writ Petition No.50164 of 2011.
The aforesaid exercise shall be completed by the respondents within three months from the date of production of a certified copy of this order.
Order Date :- 5.12.2022
D. Tamang
