Allahabad High Court
Smt. Anita Singh vs State Of U.P. And 3 Others on 11 July, 2022
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 37
Case :- WRIT - A No. - 9769 of 2022
Petitioner :- Smt. Anita Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Jitendra Nath Sharma,Pratik Kumar Sharma
Counsel for Respondent :- C.S.C.
Hon'ble Manish Mathur,J.
learned counsel for petitioner and learned State counsel appearing on behalf of respondents.
Petition has been filed seeking a direction to the respondents to pay post retiral benefits with interest with effect from 07.01.1988 till dated 31.07.2021 taking into account the adhoc services rendered by petitioner since 07.01.1988 till 16.11.2008.
Learned counsel for petitioner submits that the petitioner had joined on the post of Nursery Teacher on 07.01.1988 on temporary/ adhoc basis. It is submitted that the petitioner was selected for appointment on the said post after qualifying written test. Her services were subsequently regularized on 17.11.2003 in terms of U.P. Regularization of Adhoc Appointments (on post outside the purview of Public Service Commission) (3rd Amendment) Rules 2001. It is submitted that petitioner has also been granted first, second and third promotional pay-scale under the A.C.P. scheme of 19, 24 and 26 years of service but after superannuation on 31.07.2021, the services rendered by her as ad hoc are not being taking into account.
Learned counsel for petitioner has placed reliance on Division Bench Judgment of this Court in Special Appeal Defective No.1003 of 2020; State of U.P. versus Mahendra Singh to submit that the petitioner would be entitled for counting of the ad hoc services rendered by her for pensionary benefits in terms of the U.P. Qualifying Service as Validation Act, 2021 (U.P. Act No.01. of 2021) as envisaged in the aforesaid judgment which specifically takes into account the fact that appointment on a temporary post till regularization is required to be counted for purposes of post retiral benefits in terms of Section 2 thereof. Reference has also been made to the order dated 18.02.2022 passed by the Hon'ble the Supreme Court in Special Leave to Appeal (C) No.1109 of 2022; State of Gujarat & Ors Versus Talsibhai Dhanjibhai Patel in which Hon'ble the Supreme Court has held that not granting benefits of ad hoc services rendered by person for 30 years for which purposes of pensionary benefits is unreasonal and therefore the State as stated cannot omit to take such ad hoc service into account.
For the aforesaid grievance, the petitioner has already submitted a representation dated 11.11.2021 but seeks liberty to file fresh representation.
Considering innocuous prayer being made by learned counsel for the petitioner and without entering into the merits of the case petitioner is granted liberty to file a fresh representation before opposite party No.3 i.e.Director, Women Welfare Department U.P. In case such a representation is filed, the same shall be considered and decided by a reasoned and speaking order within with period of six weeks from the date a copy of this order is produced before the said authority taking into account the aforesaid judgments referred hereinabove.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 11.7.2022
Subodh/-
