Ram Chandra Mishra vs State Of U.P. Thru. Secy. Public ...
2022 Latest Caselaw 14880 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 22
 

 
Case :- WRIT - A No. - 7213 of 2022
 

 
Petitioner :- Ram Chandra Mishra
 
Respondent :- State Of U.P. Thru. Secy. Public Works Deptt. Lko And 3 Others
 
Counsel for Petitioner :- Pradeep Kumar Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Kumar,J.

Present petition has been preferred for issuing a direction to the Executive Engineer, Yantrik Khand Public Works Department, Lucknow-respondent no. 4 to consider the case of the petitioner for providing the benefit of judgment and order dated 02.09.2019 passed by Hon'ble Apex Court in the case of Prem Singh Vs. State of U.P. and others (AIR 2019 SC 4390).

It has further been sought to count the services of the petitioner rendered in work charge establishment from 01.09.1980 to 14.02.2002.

Learned counsel for the petitioner has submitted that petitioner was initially appointed on the post of Cleaner on daily wage basis w.e.f. 14.08.1978. The petitioner was taken in work charge establishment vide order dated 01.09.1980 and subsequently, the services of the petitioner were regularized on the post of Cleaner vide order dated 15.02.2002.

Petitioner has retired on 31.12.2016 and he was granted pension of Rs. 10,560/- per month. The services rendered by him in work charge establishment since 01.09.1980 to 14.02.2002 was not counted due to which petitioner is getting less pension thus, petitioner has made a representation dated 03.05.2021 to the respondent no. 4, which is still pending for decision.

After arguing at some length, learned counsel for the petitioner has confined his prayer to the extent that respondent no. 4 may be directed to decide the representation of the petitioner dated 03.05.2021 in the light of the judgment passed by Hon'ble Supreme Court in the case of Prem Singh (supra) within a stipulated time frame as this Court deem fit and proper.

Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.

Considering the request of the learned counsel for the petitioner and without entering into the merit of the case, the present petition is disposed of with a direction to the respondent no. 4 to consider and decide the aforementioned representation of the petitioner keeping in mind the law laid down by Hon'ble Apex Court in the case of Prem Singh (supra) by a reasoned and speaking order in accordance with law within a period of two months from the date of certified copy of this order is served.

Order Date :- 21.10.2022

Ashish