Ramcharan vs State Of U.P. And Others
2023 Latest Caselaw 9200 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 22319 of 2006
 

 
Petitioner :- Ramcharan
 
Respondent :- State of U.P. and Others
 
Counsel for Petitioner :- G.R.S. Pal,Munna Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajay Bhanot,J.

Heard Shri Munna Yadav, learned counsel for the petitioner and Shri I.P. Srivastava, learned Additional Chief Standing Counsel for the respondent-State.

The petitioner claims that he was working as work-charged employee since 1978. He is entitled to pension in view of the judgement of the Supreme Court in Prem Singh v. State of Uttar Pradesh, reported at 2019 10 SCC 516 and the judgment of this Court in Dr. Shyam Kumar and others v. State of U.P. reported at 2023 LawSuit (All) 202.

Shri I.P. Srivastava, learned Additional Chief Standing Counsel submits that the issue of service rendered by the petitioner and his entitlement to pension, as also applicability of the judgements rendered in Prem Singh (supra) and Dr. Shyam Kumar (supra) to the facts of this case is a matter of factual determination which needs to be determined by the competent authority in the first instance.

Without going into the merits of the case, the matter is remitted to the respondent No.2-Executive Engineer, Sharda Sahayak Khand 32, Azamgarh in the interest of justice.

The respondent No.2-Executive Engineer, Sharda Sahayak Khand 32, Azamgarh shall decide the representation of the petitioner for grant of pension by a reasoned order in accordance with law within a period of four weeks from the date of receipt of a certified copy of this order along with a copy of the representation.

With the aforesaid direction, the writ petition is finally disposed of.

Order Date :- 28.3.2023

Ashish Tripathi