Dr. Avdhesh Kumar Mishra vs State Of U.P. And 2 Others
2023 Latest Caselaw 29856 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:205470
 
Court No. - 34
 

 
Case :- WRIT - A No. - 17627 of 2023
 

 
Petitioner :- Dr. Avdhesh Kumar Mishra
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Raghwendra Prasad Mishra,Avneesh Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajit Kumar,J.

1. Heard Sri R.P. Mishra, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

2. Petitioner, who was posted in Government Ayurvedic Hospital, Shuklaganj, Unnao and retired from service on 30.06.2022, has not been accorded his pensionary benefits. It is submitted by learned counsel for the petitioner that he was initially appointed in the year 1992 and his services were on ad hoc basis, but later on he has come to be regularized in the year 2005.

3. Learned counsel for the petitioner has relied upon the latest judgment of Hon'ble the Apex Court in the case of Prem Singh and others Vs. State of U.P. and others (2019) 10 SCC 516 in which it has been held that services earlier rendered in temporary/ad hoc capacity or even as work-charged, would be counted towards qualifying service for pension. Thus, the petitioner claims that his service period prior to regularization deserves to be counted towards pension. Learned counsel for the petitioner has further relied upon the judgment of this Court in Writ-A No.14203 of 2019 filed by one Dr. Om Prakash and another, who were also medical officers working in the Ayurvedic College, which was disposed of by this Court vide judgment and order dated 17.09.2019.

4. Learned Standing Counsel does not dispute the above factual and legal position.

5. In view of the above, this writ petition also stands disposed of with a direction to respondent no.1 to consider the claim of the petitioner for pensionary benefits by treating earlier services rendered by the petitioner prior to 2005 as a qualifying service for the purposes of pension in the light of the judgment of the Hon'ble the Apex Court in the case of Prem Singh and others (supra) and the judgment of this Court in Writ-A No.14203 of 2019. An appropriate decision shall also be taken by the authorities with due application of mind by passing a reasoned and speaking order within a period of three months from the date of production of copy of this order.

Order Date :- 28.10.2023

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