Allahabad High Court
Smt. Vandana Singh vs State Of Up And 3 Others on 8 May, 2024
Author: Piyush Agrawal
Bench: Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:83305
Court No. - 36
Case :- WRIT - A No. - 7176 of 2024
Petitioner :- Smt. Vandana Singh
Respondent :- State Of Up And 3 Others
Counsel for Petitioner :- Lal Chandra Mishra,Vinod Kumar Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
Present petition has been filed with the following prayer:
"Issue a writ, order or direction in the nature of Mandamus commanding or directing the respondents to provide the increments, arrears and other service benefits as well as pensionary benefits from 06.03.1987 to 17.08.2023 till retirement."
Learned counsel for the petitioner submitted that petitioner was appointed as Medical Officer on ad hoc basis on 18.6.1988 in State Aayurveda and Yunani Health Service, U.P. Services. Services of petitioner was duly covered under the U.P. Regularization of Ad hoc Appointment (Post within the purview of Public Service Commission), Rules 1979 (hereinafter referred to as Rules, 1979). He next submitted that petitioner acquired right of regularization after three years from his initial appointment, but due to laches on the part of respondents, he could not regularize after three years. He further submitted that lastly he regularized on 16.3.2005 and superannuated on 31.01.2020. While calculating the post retiral benefits, services of petitioner during ad hoc period was not counted for which he has moved several representation and ultimately filed the present petition.
Case was heard on 13.10.2020, Court has passed the following order:-
"Learned Standing Counsel to obtain instructions as to whether the case of the petitioner is covered by the judgment rendered by this Court on 23.01.2019 in Writ A No. 22833 of 2018 (Dr. Ravindra Kumar and Others Vs. State of U.P. and Others) along with the companion writ petitions.
Put up this case on 11.12.2020 in the list of fresh cases."
Learned standing counsel has fairly submitted before the Court that case of petitioner is squarely covered by the judgment and order of this Court dated 23.1.2019 in the matter of Dr. Ravindra Kumar and 8 others vs. State of U.P. and others passed in Writ-A No.22833 of 2018 alongwith connected matters.
I have perused the record as well as judgments. The very same issue was decided by this Court in Writ-A No.22833 of 2018 and also affirmed by Apex Court in Special Leave Petition No. 33111 of 2017 (State of U.P. and others Vs. Dr. Mayank Shekhar Upadhyay) vide order dated 9.3.2018.
Therefore, under such facts and circumstances, the writ petition is disposed of in terms of order dated 23.1.2019 passed in Writ-A No.22833 of 2018 alongwith connected matters.
Respondents are directed to recalculate the post retiral benefits of petitioner including pension etc. after counting his service from the date of his initial appointment and pay the same preferably within three months from the date of submission of computer generated copy of this order after verifying the same from Official Website of Allahabad High Court.
Order Date :- 8.5.2024
Pravesh Mishra
