Ram Ratan Yadav And Another vs State Of U.P. And 2 Others
2023 Latest Caselaw 10857 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - A No. - 4735 of 2023
 

 
Petitioner :- Ram Ratan Yadav And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Mahesh Sharma,Arvind Kumar Verma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vikram D. Chauhan,J.

The present writ petition is filed with the following prayers:-

"(I) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to provide pensionary and other retiral/terminal benefits after having counted past service rendered on the post of Seasonal Collection Amin alongwith their regular service done on the post of Regular Collection Amin in the light of judgment and order passed in "Writ No. 5817/2020, Kaushal Kishore Chaubey and 4 others vs. State of U.P. and 2 others" as well as "Writ Petition No. 13373 of 2022, Ajit Singh Vs. State of U.P. and others", in the interest of justice.

(ii) Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 to decide the representation dated 13.2.2023 filed by petitioners (Annexure No. 11 to the writ petition)."

It is submitted by learned counsel for the petitioners that the petitioners have retired from the post of Collection Amin and their pensionary benefits including the service of Seasonal Collection Amin has not been considered in the light of the judgment passed in Special Appeal No. 152 of 2021 (State of U.P. Vs. Bhanu Pratap), as well as judgment reported in ADJ 2021 Vol.10 (Kaushal Kishore Chaubey & 4 others Vs. State of U.P. & others).

Learned counsel for the petitioners submits that the petitioners have filed a representation dated 13.02.2023 in this respect, however, till date, no order has been passed.

Learned Standing Counsel for the State submits that the pensionary benefits are required to be decided in accordance with Uttar Pradesh Qualifying Service For Pension and Validation Act, 2021. He further submits that the claim of the petitioners shall be decided in accordance with law in a time bound manner.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, it is hereby provided that the petitioners shall file fresh representation before respondent no.2 within a period of 15 days from today and the same shall be decided by respondent no.2 in accordance with law within a period of two months thereafter.

With the aforesaid observation/direction, writ petition is disposed of.

Order Date :- 12.4.2023

VMA