Ram Surat Singh vs State Of U.P. And 3 Others
2023 Latest Caselaw 9986 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 5858 of 2023
 

 
Petitioner :- Ram Surat Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Prem Chand Pandey
 
Counsel for Respondent :- C.S.C.,Pawan Kumar Singh
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for petitioner, Shri Varun Singh, Advocate holding brief of Shri Kartikeya Saran, learned counsel for respondent no.2, 3 and 4 and learned standing counsel.

Present writ petition is filed by the petitioner praying for writ of Mandamus commanding the respondents to give all the retiral benefits including gratuity and regular pension.

The facts of the case are that the petitioner was appointed as daily wager on Class III Post as building inspector and was regularized by order dated 17.07.1999. The petitioner has retired on 31.10.2020.

Learned counsel for petitioner submits that he is entitled for pension under U.P. Development Authorities Non-Centralized Services Retirement Benefit Rules, 2011(Rules of 2011). He further submits that similar controversy has already been settled by this Court by its judgment dated 17.03.2023 in Writ-A no.890 of 2022 (Jai Prakash Tripathi Vs. State of U.P. and Others) whereby Rules of 2011 have been interpreted to include services rendered before regularization as qualifying services for the purpose of pensionary benefits. The relevant paragraph of the said judgment reads as under:

"Therefore, none of the aforesaid judgment is applicable to the facts of the present case. The present Rules of 2011 are parallel to the Rules of State Government which have been read down by the Supreme Court, being held in violation of Article 14 of the Constitution of India, as they create an artificial categorization of similarly situated employees. In the present case also an artificial classification is created as admittedly, as the work charge employees perform the same duties as the regular employees and are throughout treated as the regular employee. They were also regularized in continuation of their work charge services. Thus, the matter is squarely covered by the law settled in case of Prem Singh (Supra)."

Since pensionary benefits of petitioner is also governed by the same rule, the present petitioner is also held to be entitled for the same relief. In view thereof, the benefit of the order dated 17.03.2023 passed in Writ-A no.890 of 2022, shall also be made available to the present petitioner.

Thus, the writ petition is allowed.

Respondent no.3-Secretary, Prayagraj Development Authority, District Prayagraj shall ensure regular payment of pensionary and other benefits to the petitioner under the Rules of 2011, treating his entire service to be performed as regular employee of the Development Authority within a period of three months from the date a certified copy of this order is placed before him.

.

[Vivek Chaudhary J.]

Order Date :- 5.4.2023

-Amit K-