Allahabad High Court
Pramod Kumar @ Pramod Kumar Saxena And 2 ... vs State Of U.P. And 4 Others on 1 April, 2025
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:45067
Court No. - 4
Case :- WRIT - A No. - 3950 of 2025
Petitioner :- Pramod Kumar @ Pramod Kumar Saxena And 2 Others
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Himanshu Agrawal,Sr. Advocate
Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Heard Sri Samir Sharma, learned Senior Advocate assisted by Sri Himanshu Agrawal, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
By means of this petition filed under Article 226 of the Constitution, petitioners, who are three in number and are currently working as Collection Amins with the respondent establishment, are seeking a direction to the District Magistrate concerned to forward the report submitted by the committee constituted by him to consider the claim of the petitioners for the benefit under the old pension scheme in the light of the judgment and order dated 28th June, 2024 and 11th July, 2024.
It is contended by learned Senior Advocate that petitioners' merit list as Seasonal Collection Amin with the establishment came to be drawn prior to the year 2002 and some of the Seasonal Collection Amins were given regularization/ regular appointment in the year 2002, however, petitioners' claim remained pending and they had to approach this Court and ultimately they came to be regularized only in the year 2006.
In the circumstances, therefore, it is submitted that they stood discriminated against other four employees, who were also in the same seniority list but came to be regularized in the year 2002 as they are given benefit of old pension scheme.
It is submitted upon option papers being filed by the petitioners for benefit of old pension scheme that ultimately a committee got constituted by the District Magistrate and the said committee submitted a report in favour of the petitioners on 29th October, 2024, however, the same has remained pending consideration before the District Magistrate as the same has not been forwarded to the State Government, which is the ultimate competent authority in the matter. Pleadings to this effect have been raised in paragraph 30 of the writ petition.
Learned Standing Counsel has no objection in the event a direction is issued to the District Magistrate concerned to forward the report of the committee with his recommendation to the State Government for necessary action in the matter and the same of course, can be directed to be disposed by the State Government within a prescribed period of time as this Court may provide for.
In such above view of the matter, this petition stands disposed of with a direction to the District Magistrate, Bulandshahar, namely respondent No.- 3 to forward the report submitted by the committee dated 29th October, 2024 with regard to the claim of the petitioner for benefit under the old pension scheme along with their option/ application papers claiming benefit of old pension scheme. The District Magistrate will study the report and will do needful in the matter within a period of three weeks from the date of presentation of certified copy of this order.
It is further provided that soon after the receipt of the report to be sent by the District Magistrate as directed above, the State Government shall take decision in the matter of claims of the respective petitioners within a further period of two months.
Needless to add, the order to be passed by the State Government, shall be reasoned and speaking one.
Order Date :- 1.4.2025
Atmesh
