Allahabad High Court
Babu Ram Verma vs State Of U.P. Thru Prin.Secy.Home ... on 6 February, 2023
Bench: Brij Raj Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
Case :- WRIT - A No. - 865 of 2016
Petitioner :- Babu Ram Verma
Respondent :- State Of U.P. Thru Prin.Secy.Home Deptt.Govt.Of Up And Ors.
Counsel for Petitioner :- Om Prakash Yadav,Ved Prakash Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Brij Raj Singh,J.
Heard learned counsel for the Petitioner and Shri Rajesh Kumar Shukla, learned counsel for the respondents.
By this writ petition, the Petitioner has made the following prayers :-
"(i) issue a writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 23.07.2015 for denial of old pension scheme benefit as existed in the year 1993 passed by the opposite party no.2 contained in Annexure no.1 to this writ petition ;
(ii) issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite parties to give the service benefit of old pension scheme as existed in the year 1993, G.P.F., confirmation of service, arrears of salary on the post of Senior Assistant from 2006 till 2014 and also given to the selection list dated 04.06.1993 in the interest of justice."
The Petitioner was appointed on the post of Junior Assistant of Class III Cadre on 11.4.2005 on the basis of select list dated 04.06.1993. The Petitioner was at Serial No.1 in the wait list. However, the Petitioner was not given joining in the year 1993 therefore, he filed Writ Petition No.1177 (S/S) of 1994 which was decided on 28.05.2004 and direction was issued that Petitioner will be given appointment. The Petitioner was given joining by the Respondents in pursuance of the judgment passed by this Court and thereafter Petitioner filed Writ Petition No.6084 of 2007 because his seniority was not fixed in accordance with law and junior to him was given seniority. The writ petition was allowed vide judgment and order dated 30.07.2013. The operative portion of the judgment is quoted below :
"In this view of the matter, I am of the considered opinion that the petitioner is entitled to get the placement in the seniority list on the post of Junior Clerk at the place immediately after the last selected candidate of select list dated 04.06.1993 and shall be entitle to get the service benefits including seniority from the date the said benefits have been given to such persons of select list dated 04.06.1993, however, the petitioner would not be entitled to get salary for the period he has not worked."
The Court directed that the Petitioner would be placed in seniority list on the post of Junior Clerk immediately after the list selected candidate of select list dated 04.06.1993 and shall be entitled to get the service benefits including the seniority from 04.06.1993 in pursuance of the judgment passed by this Court. The compliance order was passed vide letter dated 09.04.2015 and the Petitioner has been given seniority with effect from 04.06.1993. However, the salary was not paid.
In the meantime, the answering respondents issued letter on 23.07.2015, in compliance of the earlier judgment of Writ Petition No.6084 of 2007 and it has been mentioned in the said letter that since the petitioner has joined his service on 11.04.2005, therefore, he is not entitled for pensionary benefits because he is appointed in new scheme and his payment of GPF amount has also been returned. The Petitioner has challenged the said impugned order on the ground that once the judgment has been passed in favour of Petitioner in Writ Petition no. 6084 of 2007 in which direction has been issued to fix the seniority of the petitioner with effect from 04.06.1993 including all the consequential benefits; therefore, Petitioner is entitled for the pension under the old pension scheme.
Learned counsel for the Petitioner further submitted that he ought to have been paid the salary of Senior Assistant but he was paid salary of Junior Clerk from 09.04.2006.
On the other hand, learned Standing Counsel for the respondents has submitted that the Petitioner has joined his services on 11.04.2005, as such he is entitled for pension under new pension scheme and not under the old pension scheme.
I have heard the rival contentions advanced by learned counsel for the parties and perused the record.
The judgment passed in Writ Petition No.6084 of 2007 is unequivocal by which it is provided that the Petitioner's seniority will be counted with effect from 04.06.1993 and he will be entitled for all his service benefits "including seniority" thus, the placement of the Petitioner in the service will be deemed from 04.06.1993 and he is entitled for the pension under old pension scheme. The impugned order cannot survive in the eyes of law therefore, the order dated 23.07.2015 (Annexure 1) is quashed.
I direct the Respondent nos.2 and 3 to accept the GPF amount under the old pension scheme and Petitioner would be entitled for all pensionary benefits in future.
The Petitioner has been paid salary of Junior Clerk which is also discriminatory so far as the salary is concerned, I direct the Petitioner to make representation claiming for salary within two weeks from today and the respondents are directed to decide the representation preferred by the petitioner for the salary pertaining to the post of Senior Assistant within six weeks from the date of production of certified copy of this order.
The writ petition is allowed.
Order Date :- 6.2.2023/Pks
