Satyadev Shukla vs Chief Electoral Officer U.P. Lko. ...
2023 Latest Caselaw 8543 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - A No. - 1479 of 2023
 

 
Petitioner :- Satyadev Shukla
 
Respondent :- Chief Electoral Officer U.P. Lko. And 4 Others
 
Counsel for Petitioner :- Asim Kumar Singh,Chandra Bhushan Pandey,Shivanand Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard Sri Chandra Bhushan Pandey, learned counsel for the petitioner and Sri Sandeep Chandra, learned Standing Counsel and perused the record.

2. The present petition under Article 226 of the Constitution of India has been filed seeking a Writ of Mandamus commanding the opposite parties to provide the benefits of the old pension scheme to the petitioner after counting his past services rendered in the department and give all consequential benefits form 29.9.1993 when the similarly situated persons to the petitioner are getting full service benefits.

3. This Court has already dismissed the earlier writ petition filed by the petitioner bearing No.9561 (SS) of 2017 vide order dated 3.5.2017, wherein the petitioner sought for taking into account the services rendered by him on purely temporary basis for particular periods. The order dated 3.5.2017 passed by this Court would read as under:-

?Heard.

The petitioner herein was regularly appointed in 2009. Prior to it he was engaged for election work on periodical basis, however, he seeks fixation of his salary on the post of Junior Clerk taking into account the services rendered by him on purely temporary basis for particular periods. There is no such Rule under which the said benefits could be given to the petitioner for fixation of his salary in the regular cadre. The writ petition is dismissed.?

4. Now, the petitioner has come before this Court again for the same prayer for taking into account the services rendered by him on purely temporary basis for particular periods for the purposes of pension.

5. When this Court has already rejected the aforesaid prayer for counting the services rendered by the petitioner purely temporary basis for particular periods, the said relief cannot be granted in subsequent petition for the purposes of pension.

6. Learned counsel for the petitioner has placed reliance on the judgments of the Supreme Court and by this Court in the cases of Prem Singh Vs. State of Uttar Pradesh and others, (2019) 10 SCC 516 and the bunch of petitions, leading one is Writ-A N.8968 of 2022, Dr. Shyam Kumar Vs. State of U.P. and others, decided on 17.2.2023 to support his contention.

7. However, the aforesaid judgments cannot have any bearing on the facts of the case when the same relief has been rejected by this Court vide order dated 3.5.2017 passed in Writ Petition No.9561 (SS) of 2017.

8. In view thereof, I do not find any substance in the present petition, which is hereby dismissed.

Order Date :- 23.3.2023

Rao/-