Citation : 2022 Latest Caselaw 8115 ALL
Judgement Date : 26 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 10744 of 2022 Petitioner :- Ashok Kumar Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Petitioner is agitating his right to include services rendered before regularization for the purpose of pensionary benefits on the basis of judgment passed by Supreme Court in Prem Singh vs. State of U.P. and others, 2019(10) SCC 516.
2. Learned Standing Counsel appearing for State-Respondents, submits that by Act No. 1 of 2021 the basis of Prem Singh (supra) has been removed and definition of qualifying service is amended since inception of Rules. He fairly submits that vires of Act No. 1 of 2021 has been challenged before Supreme Court in Writ Petition (Civil) No. 1458 of 2020, Uttar Pradesh Ground Water Department Non-Gazetted Employees Association (Regd.) and another vs. The Chief Secretary, Government of U.P. and others.
3. In view of above, this writ petition is disposed of with liberty to petitioner to approach afresh after the decision of Supreme Court in Writ Petition (Civil) No. 1458 of 2020 (supra).
Order Date :- 26.7.2022
AK
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