Allahabad High Court
Lakhpati Pathak @ Lakhpati Ram ... vs State Of U.P. And 3 Others on 31 October, 2022
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 34
Case :- WRIT - A No. - 8285 of 2022
Petitioner :- Lakhpati Pathak @ Lakhpati Ram Pathak And 3 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Yogesh Kumar Saxena
Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioners and learned Standing Counsel.
Present petition has been filed alleging that the petitioner being an Ex-Employee of the U.P. Cement Factory Churk was entitled to absorption and as such had approached this Court by filing a writ petition which was dismissed and the special appeal too was dismissed. Thereafter, the petitioner approached the Hon'ble Supreme Court. The cases filed by the petitioners and all other similarly placed persons were disposed off by means of a common judgment dated 09.09.2015 passed by the Hon'ble Supreme Court in Civil Appeal Nos.9165-9175 of 2010 [Sunil Kumar Verma and Others v. State of U.P. and Others], which is contained in Annexure -1.
Learned counsel for the petitioners places specific reliance on the issue raised in the present petition and decided by the Hon'ble Supreme Court in Para - 18 & 19, which are quoted as under:
"18. In view of the aforesaid analysis, we find no reason that the appellants herein should not reap the benefits of absorption and, accordingly, it is directed that they shall be absorbed by the State Government as per their seniority and be given the benefit of increments, within eight weeks hence, Needless to say, they will be entitled to their seniority as per the prevalent rules. If anyone has been retired from service, he shall get the retiral benefits inclusive of pension.
19. At this juncture, the question arises as to what amount should be paid towards back wages. In this context, our attention has been invited to the order passed by this Court in contempt proceeding. However, after some debate, learned counsel for the appellants left it to the discretion of this Court. Ms. Reena Singh, learned Additional Advocate General for the State vehemently opposed with regard to grant of any back wages. Having heard the learned counsel for the parties on this score and regard being had to the facts and circumstances of the case, we think that the cause of justice would be best sub-served if each of the appellant is paid 40% of the back wages, and it is so directed. It shall be computed as per our directions issued hereinbefore within a period of twelve weeks hence and be paid to the appellants."
In the light of the said, the petitioners claim that they were entitled to the seniority and the benefits of increments, however, in respect of back wags their entitlement were contained at 40% in terms of the order passed by the Hon'ble Supreme Court.
He argues that while computing the pension payable to the petitioners, the respondents have taken the 40% back wages as the guiding factor, which is contrary to the observation made by the Hon'ble Supreme Court in Para - 18, as extracted above.
This Court had called for instructions from the learned Standing Counsel; he has placed before this Court the instruction dated 5.7.2022 wherein it has been admitted that the pension was computed taking into account 40% of the back wages which were payable to the petitioners in terms of the order passed by the Hon'ble Supreme Court. The instructions are taken on record.
Clearly the stand taken by the learned Standing Counsel cannot be justified in view of the specific instructions of the Hon'ble Supreme Court contained in Para - 18 and as extracted above.
The petitioners shall be entitled to the benefits of the pension taking into account the increments that were granted to the petitioners in terms of Para - 18 of the judgment in the case of Sunil Kumar Verma & Ors. (supra).
As such, the writ petition is allowed.
Respondents are directed to recompute the pension payable to the petitioners taking into account the benefit of increments as granted to them by the Hon'ble Supreme Court in the case of Sunil Kumar Verma & Ors. (supra).
The said exercise shall be completed with all expedition, preferably within a period of four months from today.
Learned Standing Counsel shall forward a copy of this order to the respondents concerned for its compliance.
Order Date :- 31.10.2022
Nishant
