Jitendra Singh vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 5817 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- WRIT - A No. - 2300 of 2022
 

 
Petitioner :- Jitendra Singh
 
Respondent :- State Of U.P. Thru. Prin. Secy. Housing And Urban Planning, Lko. And 3 Others
 
Counsel for Petitioner :- Amrendra Nath Tripathi
 
Counsel for Respondent :- C.S.C.,Sampurna Nand Shukla
 

 
Hon'ble Pankaj Bhatia,J.

The present petition has been filed challenging the order dated 07.08.2019 whereby the claim of the petitioner for grant of pensionary benefit treating the appointment of the petitioner from the date of initial appointment has been rejected.

It is argued that the services rendered by the petitioner prior to regularisation have not been added while passing the impugned order. He further draws my attention to the impugned order which itself record that the judgment rendered in the case of Habib Khan vs State of Uttarakhand and others; (2019) 10 SCC 542 has been referred before the Larger Bench.

Lastly the Counsel for the petitioner argues that the said issue has been set at rest by this Court by a detailed judgment in the case of Dr. Shyam Kumar vs State of U.P. and others [Writ-A No.8968 of 2022 along with other connected petitions), decided on 17.02.2023 wherein this Court had also considered the import of the judgment of the Hon'ble Supreme Court in the case of Prem Singh vs State of Uttar Pradesh and others; (2019) 10 SCC 516 and directions have been issued.

Thus, following the said judgment of Dr. Shyam Kumar (supra), the impugned order dated 07.08.2019 is set aside.

The respondents are directed to pass a fresh order keeping in view the law laid down and propounded by this Court in the case of Dr. Shyam Kumar (supra). Meaning thereby all the services rendered by the petitioner prior to regularisation shall be added and the benefit shall be given to the petitioner accordingly in terms of the said order.

The fresh order shall be passed within a period of four months from the date of production of certified copy of this order.

This order has been passed in the presence of Sri Sampurna Nand Shukla, learned Counsel for the respondents no.2 to 4.

The writ petition stands allowed in terms aforesaid.

Order Date :- 21.2.2023

akverma