Sukhpal Singh vs State Of U.P. And 3 Others
2022 Latest Caselaw 2085 ALL

Citation : 2022 Latest Caselaw 2085 ALL
Judgement Date : 5 May, 2022

Allahabad High Court

Sukhpal Singh vs State Of U.P. And 3 Others on 5 May, 2022

Bench: Ajit Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 6701 of 2022
 

 
Petitioner :- Sukhpal Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- J.P. Pandey,Devesh Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajit Kumar,J.

Learned counsel for the petitioner Sri Devesh Pandey, and learned counsel for respondent nos. 3 and 4, Sri Navin Kumar Tripathi.

The petitioner before this Court has claimed the benefit of retiral dues on the ground that though he was initially engaged as dailywager on 18.05.1987 and his services came to be regularized on 20.08.2011 and thereafter the petitioner retired on 31.07.2017 and, therefore, he is entitled to benefit in terms of the judgment of the Supreme Court in the case of Prem Singh v. State of U.P. and others; 2019 (10) SCC 516 which has been followed by co-ordinate Bench of this Court in the case of Kaushal Kishore Chaubey and others v. State of U.P. and others (Writ - A No.- 5817 of 2020) and by the Division Bench of this Court in the case of Chetram v. State of U.P. and others (Special Appeal Defective No.- 1278 of 2020).

Per contra, it is argued by learned counsel for the respondent that petitioner had already filed a writ A No. 60570 of 2017 before this Court in which directions was issued to consider the claim of petitioner regarding retiral dues within a period of three months .

Learned counsel for the petitioner submits that since petitioner was paid only leave encashment amount of Rs. 1,41,000/- and nothing further was paid in terms of pensionary benefits that is why he has approached this Court again.

In the considered view of the Court, retiral dues means all post retirement dues inclusive of pension and, therefore, petitioner should pursue the remedy of contempt in pending contempt application civil no. 6769 of 2018 with the plea that entire retiral dues have not been paid in terms of law laid down by the Supreme Court as well as this Court as referred to hereinabove.

The petition is accordingly consigned to records with the aforesaid liberty.

Order Date :- 5.5.2022

Sanjeev