Allahabad High Court
Smt. Janki Devi vs State Of U.P, Thru. Prin. Secy. ... on 27 February, 2023
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 5
Case :- WRIT - A No. - 1370 of 2023
Petitioner :- Smt. Janki Devi
Respondent :- State Of U.P, Thru. Prin. Secy. Rural Engineering Services Deptt, Civil Sectt. Lko. And 2 Others
Counsel for Petitioner :- Ripu Daman Shahi
Counsel for Respondent :- C.S.C.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
Present writ petition is filed by the petitioner challenging the order dated 20.04.2022 whereby claim of the petitioner with regard to computation of the period of services rendered by petitioner's husband since 1985 on work charge basis and payment of his retiral dues is rejected.
The husband of petitioner was appointed on work charge basis on 01.01.1985 and his services were regularized on 19.12.2011. The petitioner has retired on 31.1.2022.The husband of the petitioner expired on 08.04.2022.
Similar controversy has already been adjudicated by this Court by means of judgment and order dated 17.2.2023 passed in a bunch of writ petitions, leading one is Writ-A No.8968 of 2022, wherein issue relating to interpretation and application of Section 2 of the Act of 2021 for counting qualifying service for the purpose of pension with regard to work charge employees has been dealt with in detail by this Court. Relevant portion of the said judgment reads:
"..12. In the light of aforesaid, since Section 2 of the Act of 2021 also suffers from the vice pointed out by the Supreme Court in the case of Prem Singh (supra), hence, to be brought out of arbitrariness, it is read down and services rendered on temporary or permanent post is read as services rendered by a government employee, be it of temporary or permanent nature. Therefore, it is held that the petitioners are also entitled for the benefit of the judgment of Prem Singh (supra). All the impugned orders are set aside.
....
22. In the aforesaid facts and circumstances of the case, all the orders impugned in the writ petitions are passed either on the ground that they are covered by the Ordinance/Act of 2021 or they were not party in case of Prem Singh (supra) or without considering the judgment of Prem Singh (supra) and hence, the same are squarely covered by the finding given above. Therefore, the impugned orders cannot stand and are set aside. However, petitioners shall be entitled to past pensionary benefits for last three years only.
23. All the writ petitions are allowed."
Since grievance of the petitioner in the present petition is similar to one which has already been adjudicated by this Court in the aforesaid case, the benefit of the aforesaid judgment and order dated 17.2.2023 shall also be made available to the present petitioner in the same terms.
Accordingly, the writ petition is allowed and the impugned order dated 20.4.2022, is set aside.
However, petitioner shall be entitled to past pensionary benefits for last three years only.
.
(Vivek Chaudhary, J.)
.
Order Date :- 27.2.2023
Arjun/-
