Allahabad High Court
Daya Shanker Shukla vs State Of U.P. Thru Prin.Secy. ... on 30 January, 2023
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 4
Case :- WRIT - A No. - 32819 of 2019
Petitioner :- Daya Shanker Shukla
Respondent :- State Of U.P. Thru Prin.Secy. Revenue Lucknow And Ors.
Counsel for Petitioner :- Shrawan Kumar Verma,Anamika Tiwari,Jahan Singh
Counsel for Respondent :- C.S.C.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the parties.
The petitioner has approached this Court challenging the order dated 26.9.2019 whereby his claim for grant of pensionary benefits is refused observing that though he has worked from 1986 as a Seasonal Collection Amin, but he was regularized only on 18.8.2012 and retired on 28.2.2019 as a Revenue Inspector, on which post he was promoted after regularization. The stand taken by the respondents is that since the petitioner did not complete ten years of service, hence, he is not entitled for the said benefits.
Learned counsel for the petitioner submits that the similar controversy has already been considered and decided by this Court by its judgment and order dated 8.10.2021 passed in Writ-A No.5817 of 2020 "Kaushal Kishore Chaubey and others vs State of U.P. and others". Paras 24 and 25 of the said judgment reads:
"24. In view of the above discussion and given the law elucidated by the Apex Court as well as by this Court in various pronouncements referred above, the services rendered by the petitioners as Seasonal Collection Amin cannot be ignored for extending the benefits of pension and other retiral benefits to them on the pretext that their appointment is to be treated from the date of regularization and not from the date of their engagement as work charged employee.
25. Consequently, the writ petition is allowed. A writ of mandamus is issued to the respondent to compute pensionary benefit payable to the petitioners after taking into account their entire service including the service rendered by them as Seasonal Collection Amin. The amount payable to the petitioners shall be computed within three months from the date of presentation of a copy of this order downloaded from the official website of Allahabad High Court, and the same shall be paid within the next two months. The respondents shall also continue to pay current pensionary benefits as and when the same fell due."
A Division Bench of this Court in the case of State of U.P. and others vs. Rajendra Prasad Tiwari (Special Appeal Defective No.196 of 2018) decided on 2.5.2018 held:
"11. From a perusal of the aforesaid judgments it clearly comes out that it is the settled proposition of law that the State should act as a model employer and not compel each and every similarly situated individual to approach the Court for redressal of his grievance, rather the benefit of a judgment in-rem should be given to all.
12. As regards the ground of the petitioner not fulfilling the recovery percentage in 4 Fasli years, suffice to state that the petitioner was not claiming regularisation of his services after having worked as Seasonal Collection Amin, rather was claiming benefit of selection on the post of Collection Amin which he successfully qualified, hence even this ground has no merit and is rejected.
13. As regards the ground taken by the learned Standing Counsel that the petitioner has already retired on attaining the age of superannuation on 31.1.2017 and consequently, he would not be entitled to any benefit, needless to mention that this aspect of the matter has also been considered by the learned Single Judge and it has been provided that the petitioner shall be entitled to retiral benefits by granting him benefit of service with effect from 5th June, 1986 till the age of superannuation, in this case 31.1.2017.
14. No other ground has been raised during the course of argument.
15. Accordingly, keeping in view the aforesaid discussions, there is no merit in this special appeal and the same is dismissed."
Learned Standing Counsel could not dispute that the case of the petitioner is squarely covered by the aforesaid judgments.
Hence, the benefit of the aforesaid order passed in the case of Kaushal Kishore Chaubey (supra) is granted to the present petitioner also.
The writ petition is allowed and the impugned order dated 26.9.2019 is set aside. A writ of mandamus is issued to the respondents to compute pensionary benefit payable to the petitioner after taking into account his entire service including the service rendered by him as Seasonal Collection Amin. The amount payable to the petitioner shall be computed within three months from the date of presentation of a certified copy of this order downloaded from the official website of Allahabad High Court, and the same shall be paid within the next two months. The respondents shall also continue to pay current pensionary benefits as and when the same fell due.
.
[Vivek Chaudhary,J.]
Order Date :- 30.1.2023
Sachin
