Narveer Singh vs State Of U.P. And 2 Others
2022 Latest Caselaw 22096 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 56527 of 2015
 

 
Petitioner :- Narveer Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- J.N. Singh,Arimardan Yadav
 
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 petitioner that petitioner was initially appointed in the year 1980. Thereafter, he was appointed on 27th September, 1989 as a work charge employee under the respondents. The services of the petitioner was regularized by order dated 8th April, 2005. Thereafter, the petitioner has retired from service on 31st May, 2016 during the pendency of the writ petition.

It is further submitted that the respondents till date have not determined the pension of the petitioner taking into account the period when the petitioner was work charge employee. In this respect, petitioner has relied upon the judgment of this Court in Prem Singh Vs. State of Uttar Pradesh and others, AIR 2019 SC 4390 to submit that even services of a work charge employee is required to be included as a qualifying service for retiral benefits.

Learned Standing Counsel submits that the services of the petitioner for the purpose of pensionary benefits and required to be calculated on the basis of Uttar Pradesh Qualifying Service for Pension and Validation Act, 2021.

Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, this writ petition is disposed of directing the petitioner to file a representation before respondent no.3 within 15 days from today along with a certified copy of this order. In case any such representation is filed, the same shall be considered and decided by respondent no.3 in accordance with law within a further period of two months.

Order Date :- 20.12.2022

Bhaskar