Allahabad High Court
Shiv Narayan Prasad vs State Of U.P. And 4 Others on 28 April, 2023
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- WRIT - A No. - 6993 of 2023
Petitioner :- Shiv Narayan Prasad
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Onkar Nath
Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey
Hon'ble Saurabh Srivastava,J.
1. Heard Sri Omkar Nath, learned counsel for the petitioner and Sri Ravi Prakash Pandey, learned counsel appearing on behalf of the respondent nos.3 to 5 and learned Standing Counsel for the State-respondent nos.1 and 2.
2. The present petition has been filed seeking the following relief:-
"I. Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay and direct the respondents to include the period of service rendered by the petitioner in the capacity of Daily Wager employee under the State Government for determining the qualifying service for the purpose of pension and pay all benefits along with Pension at par with regular employee keeping in view of Judgment of Prem Singh Vs. State of U.P. and others, Civil Appeal No.6798 of 2019 in which the Hon'ble Supreme Court allowed the aforesaid appeal on 02.09.2019 and order dated 06.10.2021 passed by this Hon'ble Court in Special Appeal No.97 of 2021, State of U.P. and 4 others Vs. Bhanu Pratap Sharma and other and Writ A No.8968 of 2022, Dr. Shyam Kumar Vs. State of U.P. and others and Writ A No.890 of 2022, Jai Prakash Tripathi Vs. State of U.P. and others."
3. It is the case of the petitioner that he was initially appointed over the post of Junior Clerk under the capacity of daily wager and thereafter regularized over the same post against the substantive vacancy. After attaining the age of superannuation, the petitioner has been retired on 31.07.2022 but his pension along with retiral dues, has not been extended in his favour without counting the services as rendered by the petitioner as Daily Wager.
4. For substantiating the arguments as raised by learned counsel for the petitioner, he relief upon the judgment of Hon'ble the Apex Court in the case of Prem Singh Vs. State of Uttar Pradesh and Others 2019 (10) SCC 516 along with several other judgments passed by the coordinate Benches of this Court.
5. After considering the judgment of Prem Singh (supra), the petitioner preferred a representation dated 24.01.2023 appended along with the petition available at page no.15 which is still pending to be adjudicated.
6. Be that as it may, without entering into the merits of the case as well as if there is no other legal impediment, the petitioner is hereby directed to move a fresh representation before the respondent no.3 within a period of ten days from today ventilating all his grievances, the same shall be considered and decided by the same respondent as expeditiously as possible, preferably within a period of two months from the date a certified copy of this order along with representation is produced before him.
7. The writ petition stands disposed of accordingly.
Order Date :- 28.4.2023
Vivek Kr.
