Arun Kumar @ Arun Kumar Srivastava vs State Of U.P. Thru. Its Prin. Secy. ...
2023 Latest Caselaw 15564 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:34346
 
Court No. - 17
 

 
Case :- WRIT - A No. - 3613 of 2023
 
Petitioner :- Arun Kumar @ Arun Kumar Srivastava
 
Respondent :- State Of U.P. Thru. Its Prin. Secy. Housing And Urban Planning,Lko. And 3 Others
 
Counsel for Petitioner :- Anoop Srivastava
 
Counsel for Respondent :- C.S.C.,Sampurna Nand Shukla
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner, learned Standing Counsel for State-respondent and Shri Sampurna Nand Shukla, learned counsel for respondent nos. 2 to 4.

Present petition has been filed with the following prayer:

"(i) Issue a writ, direction or order in the nature of Mandamus commanding the opposite parties to calculate the service of the petitioner since the date of his initial appointment as a daily wager basis for the purpose of counting qualifying service for the entitlement of pensionary benefits and also provide all the pensionary benefits including the pension to the petitioner.

...."

Contention of learned counsel for the petitioner is that the services rendered by the petitioner prior to his regularization should be counted as qualifying service. He places reliance on the judgment passed by this Court in the case of Jitendra Singh v. State of U.P. & Ors. (Writ - A No.2300 of 2022) decided on 21.02.2023 wherein this Court had directed for grant of benefits in the light of law laid down by this Court in the case of Dr. Shyam Kumar v. State of U.P. (Writ - A No.8968 of 2022) decided on 17.02.2023.

Considering the fact that the claim of the petitioner is pending consideration before respondent no.3, the present petition is disposed off directing respondent no.3 to pass orders on the claim of the petitioner in accordance with law in the light of the judgment of this Court in the case of Jitendra Singh (supra) and the directions contained therein shall be considered while passing the order.

The representation filed by the petitioner and contained in Annexure - 5 of the petition, shall be disposed off in the light of the directions given herein above, with all expedition, preferably within a period of two months from the date of production of a certified copy of this order.

Order Date :- 17.5.2023

Mohit Singh/-