Allahabad High Court
Ghan Shyam vs State Of U.P. Thru. Prin. Secy. ... on 28 February, 2023
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 5
Case :- WRIT - A No. - 1911 of 2023
Petitioner :- Ghan Shyam
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Irrigation Civil Secrt. Lko. And 4 Others
Counsel for Petitioner :- Jitendra Bahadur
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 seeking a direction in the nature of mandamus commanding the respondents for counting of his services rendered as work charge employee from 11.11.1993 to 4.4.2006 and from 5.4.2006 to 4.4.2009 as temporary services in regularly establishment for the purposes of pensionary benefits.
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, as expeditiously as possible.
Accordingly, the writ petition is allowed. However, petitioner shall be entitled to past pensionary benefits for last three years only.
.
(Vivek Chaudhary, J.)
Order Date :- 28.2.2023
Arjun/-
