Jai Narayan Tiwari vs State Of U.P. And 5 Others
2024 Latest Caselaw 15626 ALL

Allahabad High Court

Jai Narayan Tiwari vs State Of U.P. And 5 Others on 6 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2024:AHC:80664
 
Court No. - 34							Reserved
 

 
Case :- WRIT - A No. - 17044 of 2023
 

 
Petitioner :- Jai Narayan Tiwari
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Utsav
 
Counsel for Respondent :- C.S.C.,Sant Ram Sharma
 

 
Hon'ble J.J. Munir,J.
 

1. This writ petition has been instituted by the petitioner, a retired Assistant District Election Officer, praying that a mandamus be issued to reckon his earlier services rendered with the Nagar Palika Parishad, Hamirpur from 15.03.1980 to 17.10.1996, together with services in the District Election Office (Panchayat and Urban Bodies), Hamirpur/ Banda, for the purpose of payment of his post retiral benefits.

2. The petitioner was initially appointed a Chungi Moharrir in the Octroi Department of the Nagar Palika Parishad, Hamirpur vide appointment letter dated 13.03.1980 in the pay-scale of Rs.172-2-192 EB-3-210 EB-4-226, and, in pursuance thereof, he joined service on 15.03.1980. He served the Nagar Palika up to 17.10.1996. In the Nagar Palika establishment, the petitioner's initial appointment appears to have been dehors the rules, but admittedly on 16.03.1992, his services were regularized. He served the Nagar Palika for a total period of 16 years, 7 months and 2 days. He was declared one amongst the surplus staff of the Nagar Palika Parishad, Hamirpur, and, therefore, given appointment on the basis of an evaluation by a Selection Committee constituted for appointment of such surplus staff vide Government Order No. 775/ 9196-25-E/94 dated 05.02.1996 on the post of a Junior Clerk with the District Election Office (Panchayat and Urban Bodies), Hamirpur in the pay-scale of Rs.950-20-115-EB-25-1500/-. The petitioner submitted his joining report on 18.10.1996.

3. The State Election Commission, vide memo dated 27.06.2001, promoted the petitioner to the post of Senior Clerk in the Panchayat Election Office, Banda. Later on, in terms of a Government Order dated 06.12.2013, there was a change in nomenclature for the petitioner's post and w.e.f. 18.06.2014. He was re-designated as Senior Assistant in place of Senior Clerk. The State Election Commission vide order dated 30.11.2016 promoted the petitioner to the post of an Assistant District Election Officer and posted him at Banda. He submitted his joining report as the Assistant District Election Officer, Banda on 03.12.2016. The petitioner retired as Assistant District Election Officer (Panchayat and Urban Bodies), Banda on 30.04.2018.

4. It is the petitioner's case that he rendered a total service of 21 years, 6 months and 12 days with the District Election Office under the State Election Commission. In substance, the petitioner's grievance is that he is entitled to the reckoning of his service rendered with the Nagar Palika Parishad, Hamirpur together with that rendered with the District Election Office (Panchayat and Urban Bodies) under the State Election Commission for the purpose of his post retiral benefits, including pension and gratuity. Since, this was not done and the petitioner's pension was fixed taking into account his services rendered with the District Election Office alone, ignoring his services with the Nagar Palika Parishad, Hamirpur, being a total of 16 years, 7 months and 2 days, the petitioner has instituted the present writ petition. On 11.10.2023, when the matter came up for admission, this Court passed the following order:

"The Principal Secretary, Nagar Vikas, Government of U.P., Lucknow shall file his affidavit within a week showing cause, why the petitioner's services earlier rendered with the Nagar Palika Parishad, Hamirpur from 15.03.1980 to 17.10.1996, cannot be added to his services rendered with the District Election Office (Panchayat Evam Nagariya Nikay), Hamirpur, to which he was sent after selection as surplus staff from the post of a Junior Clerk in accordance with some Government Order dated 05.02.1996.

Lay this writ petition as fresh on 19.10.2023.

Let this order be communicated to the Principal Secretary, Nagar Vikas, Government of U.P., Lucknow by the Registrar (Compliance) within 24 hours."

5. A personal affidavit was filed by the Principal Secretary, Urban Development, Government of U.P., Lucknow. The Court invited an affidavit in terms of an order dated 19.10.2023 from the Secretary, State Election Commission, U.P., Lucknow. A short counter affidavit was filed by the Secretary, State Election Commission, U.P., Lucknow, being a personal affidavit of the said Secretary dated 07.11.2023. On this state of pleadings, the matter was heard on 07.11.2023 and judgment reserved.

6. Heard Mr. Utsav, learned Counsel for the petitioner, Mr. Kaushlesh Pratap Singh, learned Counsel on behalf of the State Election Commission, Mr. Akhilesh Kumar Tripathi, learned Standing Counsel appearing on behalf of the State-respondents and Mr. Sant Ram Sharma, learned Counsel on behalf of respondent No.6. No one appears on behalf of respondent No.5.

7. In the personal affidavit, that has been filed on behalf of the Secretary, Urban Development, Lucknow, there is an averment to the following effect in paragraph No.6:

"6. That for the purpose of computing the service for pension of the employees of Central Government Employees and Central Autonomous Bodies Employees seeking merger in autonomous bodies under State Governments and the employees of Central Government and State Governments seeking merger in Central Autonomous Bodies under State Governments, following provision have been laid down under Government Order dated 10.07.1998 and 28.12.2001, which are quoted hereunder as follows-

"राज्य सरकार का कर्मचारी भारत सरकार के उपक्रम / निगम में स्थानान्तरण / प्रति नियुक्ति के आधार पर जाता है और संविलीन हो जाता है या उसी परिस्थिति में भारत सरकार का कर्मचारी राज्य सरकार के उपक्रम / निगम में आता है और संविलीन हो जाता है तो यदि दोनों पद पेंशनेबुल है तो उसके द्वारा दोनों पदों पर की गई सेवा के योग पर नैवृतिक अनुमन्य होंगे। इसके अतिरिक्त राज्य सरकार के अन्तर्गत ही राज्य सरकार का कर्मचारी राज्य सरकार के उपक्रम / निगम में स्थानान्तरण / सीधी भर्ती / प्रतिनियुक्ति के आधार पर जाता है या राज्य सरकार में आता है, जहाँ राज्य सरकार के संबंधित उपक्रम / निगम में पेंशन की सुविधा उपलब्ध हो एवं संबंधित कर्मचारी का संविलियन सेवानिवृत्त होने वाले उपक्रम / निगम / सरकार में हो गया हो, तो यदि दोनों ही पद पेंशनबुल हो, तो उसके द्वारा दोनों पदों पर की गयी अहं सेवा पर नैवृत्तिक लाभ अनुमन्य होंगे और दोनों अवधियों को जोड़कर सेवा नैवृत्तिक लाभों का भुगतान उसी संस्थान / सरकार द्वारा किया जायेगा जहाँ से वह अन्तिम रूप से सेवानिवृत्त हो रहा है। इस प्रकार के कर्मचारी पर वही पेंशन निगम लागू होंगे जैसी कि उस सरकार / उपक्रम / निगम में लागू हो।"

For kind perusal of this Hon'ble Court copy of Government Order dated 10.07.1998 and 28.12.2001 are being annexed herewith and marked as ANNEXURE NO.-1 and 2 respectively to this affidavit.

That in view of the aforesaid provisions laid down under aforementioned Government Orders, the government order dated 17.10.2023 pertaining to the services of the petitioner has been issued and also directions have been given to the Secretary, State Election Commission and Executive Officer, Nagar Palika Parishad, Hamipur have been directed for reckoning the services of the petitioner and also for taking further action in respect of payment of post retiral dues of the petitioner. For kind perusal of this Hon'ble Court copy of Government Order dated 17.10.2023 is being annexed herewith and marked as ANNEXURE NO.-3 to this affidavit."

8. A copy of the Government Order No. 1772/9-6-2023, dated 17.10.2023 has been annexed. The said Government Order shows that the Government have accorded permission for the reckoning of the petitioner's services as a Chungi Moharrir with the Nagar Palika Parishad, Hamirpur from 15.03.1980 to 17.10.1996 together with the services rendered with the District Election Office under the State Election Commission from 18.10.1996 to 30.04.2018 for the purpose of determining his entitlement to pensionary benefits. The relevant part of the Government Order dated 17th October, 2023 reads:

"3- इस सम्बन्ध में मुझे यह कहने का निदेश हुआ है कि राज्य सरकारों के अधीन स्वायत्तशासी निकायों में संविलयन मांगने वाले केन्द्रीय सरकारी तथा केन्द्रीय स्वायत्तशासी निकायों के कर्मचारियों तथा केन्द्रीय सरकार के तथा केन्द्रीय स्वायत्त निकायों में संविलयन मांगने वाले राज्य सरकार के कर्मचारियों को पेंशन के प्रयोजन से सेवा का गिना जाना विषयक शासनादेश संख्या- सा-3-1984 /दस-98-901-98 दिनांक 10.07.1998 एवं शासनादेश संख्या-सा-3-1984/दस-2001-901-98 दिनांक 28.12.2001 में दी गयी व्यवस्था के दृष्टिगत श्री जय नारायण तिवारी की नगर पालिका परिषद, हमीरपुर में चुंगी मुहर्रिर के पद पर दिनांक 15.03.1980 से दिनांक 17.10.1996 तक की गयी सेवा को आयोग के अधीन दिनांक 18.10.1996 से दिनांक 30.04.2018 तक की सेवा को पेंशनरी लाभ हेतु जोड़े जाने की अनुमति प्रदान की जाती है।

तदनुसार कृपया प्रकरण में अग्रेतर कार्यवाही कराने का कष्ट करें।"

9. The aforesaid Government Order has been issued by a Deputy Secretary to the Government of U.P. in the Department of Urban Development, addressed to the Secretary, State Election Commission, Lucknow.

10. In the counter affidavit filed on behalf of the State Election Commission, it is averred in paragraph No.7(N):

"7(N). That in response to the letter dated 16.10.2023, the permission was granted by the State Government to include the services of the petitioner vide Government letter dated 17.10.2023. Thereafter a letter was issued by the State Election Commission dated 31.10.2023 to count the services of the petitioner rendered in Nagar Palika Parishad, Hamirpur on the post of Chungi Mohrrir w.e.f. 15.03.1980 to 17.10.1996 with the services rendered by the petitioner in the State Election Commission w.e.f. 18.10.1996 to 30.04.2018 for the purpose of Pension and pensionary benefits."

11. Therefore, there appears to be no lis between parties on the issue that the petitioner is entitled to reckon his services, rendered as a Chungi Moharrir with the Nagar Palika Parishad, Hamirpur from 15.03.1980 to 17.10.1996 together with his services rendered in the District Election Office at Hamirpur and Banda under the State Election Commission from 18.10.1996 to 30.04.2018, for the purpose of determining the petitioner's entitlement to post retiral benefits, including pension and gratuity. The inaction, therefore, on the respondents' part in not sanctioning, determining and revising the petitioner's post retiral benefits in accordance with his total service in the Nagar Palika Parishad and the District Election Office, State Election Commission, is the outcome of lethargy.

12. In the circumstances, this writ petition succeeds and is allowed. A mandamus is issued to the District Magistrate/ District Election Officer (Panchayat and Urban Bodies), Hamirpur, the District Magistrate/ District Election Officer (Panchayat and Urban Bodies), Banda, the Executive Officer, Nagar Palika Parishad, Hamirpur and the State Election Commission, U.P., Lucknow, to ensure amongst themselves a revision, re-fixation, sanction and payment of the petitioner's post retiral benefits, in particular, his pension and gratuity, taking into account his service rendered with the Nagar Palika Parishad, Hamirpur and the District Election Office, Hamirpur and Banda aggregated, within a period of six weeks of receipt of a copy of this judgment by the respondents. Any sum of money, that is paid on account of revision of pension and gratuity, will carry simple interest @ 6% per annum from the date it fell due until realization.

13. There shall be no order as to costs.

Order Date :- 06.05.2024

Anoop

(J.J. Munir, J.)