Dinesh Kumar Srivastava vs State Of U.P. And 5 Others
2023 Latest Caselaw 10096 ALL

Citation : 2023 Latest Caselaw 10096 ALL
Judgement Date : 5 April, 2023

Allahabad High Court

Dinesh Kumar Srivastava vs State Of U.P. And 5 Others on 5 April, 2023

Bench: Vivek Chaudhary




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 16786 of 2019
 

 
Petitioner :- Dinesh Kumar Srivastava
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Musharrat Khan,Jiya Lal Patel
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.

Heard counsel for the parties.

Petitioner has approached this Court claiming that initially he was working as Tube Well Operator with the Allahabad Mandal Vikas Nigam Limited as permanent employee. It was fully owned government company of State of U.P. which was dissolved by the State Government. The State Government came out with the policy decision vide Government order dated 11.11.1993 stating that employees of the said Nigam shall be absorbed in Government Services as per terms and conditions specified therein. Thus, petitioner was absorbed. Petitioner was appointed on the post of Tube Well Operator was appointed on 01.01.1983 and was regularized on 27.09.1985.

Learned counsel for petitioner states that petitioners are entitled for all retirement benefits, pension, gratuity counting the services rendered by the petitioners for Allahabad Mandal Vikas Nigam Limited, Allahabad. He submits that the controversy is squarely covered by a Division Bench judgment of this Court dated 12.12.2017 passed in Writ-A No.58438 of 2015 (Kamta Prasad Kannaujiya Vs. State of U.P. and 2 others). The concluding paragraph of the said judgment reads:

"Accordingly, the impugned order 9.9.2015 is quashed and the respondent no. 1 is directed to add the services rendered by the petitioner in the Allahabad Mandal Vikas Nigam Ltd. from 15.7.1977 till 6.3.2005 in the service rendered by him in Deen Dayal Upadhyay Rajya Gramya Vikas Sansthan, Lucknow and to determine the pension payable to the petitioner accordingly within a period of three months.

The writ petition is allowed."

Learned standing counsel also could not dispute that the matter is squarely covered by the aforesaid judgment.

Respondent no.1 is directed to add the services rendered by the petitioners in the Allahabad Mandal Vikas Nigam Ltd., Allahabad and to determine the pension payable to the petitioner accordingly within a period of three months.

With the aforesaid direction, writ petition is allowed.

[Vivek Chaudhary,J.]

Order Date :- 5.4.2023

M.S. Ansari