Court No. - 36
Case :- WRIT - A No. - 10186 of 2018 Petitioner :- Bajrang Bali Rao And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Onkar Nath Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Adarsh Bhushan, learned counsel for the petitioners and learned Standing Counsel for the State respondents.
Petitioners have approached this court interalia with following relief:-
"(a) Issue a writ, order or direction in the nature of mandamus directing the respondents to include the length of service rendered in work charge establishment by the petitioners with their regular service for the purpose of calculating pension with all other consequential benefits in light of judgement of Hon'ble Supreme Court passed in Civil Appeal No.10806 of 2017 (Habib Khan vs. State of Uttarakhand and others) decided on 23.8.2017."
Learned counsel for the parties agree that the matter is covered by the decision of the Supreme Court dated 02.09.2019 rendered in Civil Appeal No. 6798 of 2019 (Prem Singh vs. State of U.P. and others) and connected petitions. The relevant paragraph-36 of the above decision reads as under :-
"In view of reading down Rule 3(8) of the U.P. Retirement Benefits Rules, 1961, we hold that services rendered in the work-charged establishment shall be treated as qualifying service under the aforesaid rule for grant of pension. The arrears of pension shall be confined to three years only before the date of the order. Let the admissible benefits be paid accordingly within three months. Resultantly, the appeals filed by the employees are allowed and filed by the State are dismissed."
In view of the above decision, the Court directs the respondents to treat the services rendered by the petitioner as part time Tubewell Operator in Irrigation Department towards qualifying service for the purposes of grant of pension. The pension of the petitioner shall accordingly be worked out and be paid regularly on monthly basis. The petitioner would be entitled to the past pension of the last three years only from today. The above exercise may be completed within three months.
The writ petition stands disposed off.
Order Date :- 19.12.2019 RKP