Allahabad High Court
Chandra Mohan Yadav vs State Of U.P. And 2 Others on 10 November, 2022
Bench: Vikram D. Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - A No. - 18164 of 2022
Petitioner :- Chandra Mohan Yadav
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Bhagwan Dutt Pandey
Counsel for Respondent :- C.S.C.,Krishna Kant Pandey
Hon'ble Vikram D. Chauhan,J.
The present writ petition has been filed by the petitioner with the following reliefs:-
(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to pay pension, gratuity, etc. to the petitioner counting the period worked on adhoc basis (07.03.1995 to 26.02.2008, the date of regularization), from the date of initial appointment i.e. 07.03.1995 up to the date of retirement dated 31.07.2022, as qualifying service of pension and other retiral benefits.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to consider and decide the claim of petitioner contained in representation dated 13.08.2022 (Annexure No.4) for being paid pension, gratuity etc. to the petitioner counting the period worked on adhoc basis (07.03.1995 to 26.02.2008, the date of regularization), from the date of initial appointment i.e. 07.03.1995 up to the date of retirement dated 31.07.2022, as qualifying service of pension and other retiral benefits."
It is submitted by the learned counsel for the petitioner that the petitioner has retired on 31st July, 2022. However, the claim of the petitioner for pension has not been considered and decided by the respondents. In this respect, the petitioner has already filed a representation dated 5th September, 2022 before the respondent no.2, which is pending consideration.
In support of his submissions, learned counsel for the petitioner has relief upon the following judgment of Apex Court as well as of this Court:-
(i) Prem Singh Vs. State of Uttar Pradesh and others, 2019 (10) SCC 516.
(ii) The State of Gujarat and others Vs. Talisibhai Dhanjibhai Patel, 2022 Live Law (SC) 187.
(iii) State of U.P. and others Vs. Bhanu Pratap, Special Leave to Appeal (C) No.10381 of 2022
(iv) Kailash Singh Yadav Vs. State of U.P. and another, Writ-A No.10374 of 2020
(v) State of U.P. and others Vs. Bhanu Pratap, Special Appeal No.152 of 2021.
(vi) State of U.P. and others Vs. Ashok Kumar Saxena, Service Bench No.13052 of 2021.
(vii) State of U.P. and others Vs. Raj Bahadur Pastor, 2022 (3) ADJ 5.
Sri Krishna Kant Pandey, learned counsel for respondent no.3 submits that the papers with regard to pension of the petitioner has been forwarded to respondent no.2 and the decision is required to be taken by respondent no.2.
Learned Standing Counsel submits that the matter would be considered in light of the Uttar Pradesh Qualifying Service for Pension and Validation Act, 2021. He further submits that the claim for pension of the petitioner will be decided by respondent no.2 in accordance with law in a time bound manner.
Considering the facts and circumstances of the case and the submissions advanced by the learned counsel for the parties, this writ petition is disposed of directing the respondent no.2 to consider and decide the petitioner's representation dated 6th September, 2022 in accordance with law within a period of two months from the date of production of a certified copy of this order.
Order Date :- 10.11.2022
Bhaskar
