Court No. - 7
Case :- WRIT - A No. - 16173 of 2018 Petitioner :- Ashok Kumar Pandey And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satya Prakash Shukla Counsel for Respondent :- C.S.C.,Mangla Prasad Rai
Hon'ble Surya Prakash Kesarwani,J.
Learned counsel for the petitioners submits that all the petitioners were appointed under the Dying-in-Harness Rules prior to 01.04.2005, therefore, the Old Pension Scheme was applicable to them. He submits that the controversy involved in the present writ petition is covered by a judgment of this court dated 18.05.2018 in Writ-A No.22142 of 2011 (Mahesh Prasad and others vs. State of U.P. and others) and in view thereof, this writ petition also deserves to be allowed.
Learned standing counsel submits that the grievance of the petitioners shall be examined by the respondent No.2 and an appropriate order in accordance with law shall be passed within a time bound period.
In view of the aforesaid, this writ petition is disposed of giving liberty to the petitioners to make a representation before the respondent No.2 annexing therewith a copy of the judgment in the case of Mahesh Prasad (supra) and a certified copy of this order within three weeks from today, and, in the event such a representation is made within the stipulated period, the respondent No.2 shall pass an appropriate order strictly in accordance with law, expeditiously, preferably within next six weeks.
It is made clear that this court has not expressed any opinion on merits of the claim of the petitioners.
Order Date :- 27.7.2018 NLY