Dr. Jyotsna Nigam vs State Of U.P. Thru Prin.Secy. ...
2022 Latest Caselaw 2295 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 22
 

 
Case :- WRIT - A No. - 18544 of 2019
 

 
Petitioner :- Dr. Jyotsna Nigam
 
Respondent :- State Of U.P. Thru Prin.Secy. Medical Edu. Lucknow And Anr.
 
Counsel for Petitioner :- Km. Vishwa Mohini,Vimal Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Subhash Vidyarthi,J.

(Order on C.M. Correction Application No. 9 of 2022)

This is an application for correction and modification of the judgement and order dated 25-03-2022 whereby two typographical errors in the paragraph No. 4 of the said judgement - (i) number of writ petition titled Dr. Keshav Narain Tripathi Vs. State of U.P. and others and (ii) the date of its judgment are sought to be corrected.

A further prayer has been made to add in the order the provision for payment of interest on the amount payable.

The judgement and order dated 25-03-2022 gives a reference to a precedent in the case of Dr. Ram Sharan Tripathi Vs. State of U.P. and others reported in (2021) 4 UPLBEC 2604 in which, while allowing the writ petition of a similarly situate person, this Court had issued the following directions:-

"10. In the result, the writ petition is allowed. Impugned order dated 04.01.2018, is hereby set aside and quashed. It is held that the service rendered by petitioner on ad-hoc basis would count towards "qualifying service", consequently, petitioner is held entitled for pension. The first respondent is directed to compute pension and other post retiral dues admissible to the petitioner by adding the period of ad-hoc service rendered by him. Petitioner shall be entitled to pension on month to month basis with effect from the date of his superannuation. The arrears of pension would be computed and released within the period of three months, along with simple interest at the rate of 6% per annum from the date of retirement till actual payment."

The instant writ petition was allowed relying on the aforesaid judgement as well as another judgement passed in Writ A No. 30053 of 2021 (Dr. Keshav Narain Tripathi Vs. State of U.P. and others) decided on 07-03-2022 and in both the aforesaid cases it has been provided that the arrears of pension would be computed and released alongwith simple interest at the rate of 6% per annum within a period of three months from the date of his retirement till the date of actual payment of the same.

It appears that the provisions of payment of interest has been erroneously omitted from being transcribed.

Accordingly, this application stands allowed.

Let necessary corrections be made in paragraph No. 4 of the order dated 25-03-2022 so as to replace "30853" by "30053" and "27-03-2022" by "07-03-2022".

Let the following be added at the end of paragraph No. 6 of the order :-

"The arrears of pension shall be computed and released alongwith simple interest at the rate of 6 % per annum from the date of his retirement till the date of actual payment of the same."

This order shall be treated as a part of the order dated 25-03-2022 and the earlier order passed by the Court has been corrected. A certified copy of this order shall be issued along with copy of order dated 25-03-2022.

Order Date :- 7.5.2022

Jaswant