Smt.Shyam Devi vs State Of U.P. And 3 Others
2022 Latest Caselaw 21511 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 18902 of 2022
 

 
Petitioner :- Smt.Shyam Devi
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Daya Shankar Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

The instant petition has been filed by the petitioner claiming benefit of the services rendered by her husband as work charged employee, prior to regularization of his services, placing reliance on judgment of the Apex Court in Civil Appeal No. 6798 of 2019 (Prem Singh vs. State of U.P and Others), decided on 2.9.2019, wherein the Supreme Court, after striking down Rule 3(8) of the U.P. Retirement Benefits Rules 1961, had issued the following directions: -

"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."

The representations made by the petitioner for being given benefit of the said judgment are stated to be pending.

Learned Standing Counsel very clearly states that claim of the petitioner shall be considered in the light of the judgment of Supreme Court in Prem Singh.

Accordingly, the instant petition is disposed off with direction to respondent no. 4, who is the appointing authority for the post in question, to pass a speaking order on the representation of the petitioner dated 7.4.2022, within a period of six weeks from the date of production of a certified copy of this order. All consequential actions shall be taken accordingly, without any further delay.

Order Date :- 16.12.2022

nishant