1. Heard learned counsel for petitioner and learned Standing Counsel for State.
2. Petitioner has filed the present writ petition for the following reliefs :-
"i) Issue a writ order or direction in the nature of mandamus declaring the provisions contained in Regulation 370 of the Civil Service Regulations so far as it provides for non inclusion of services rendered in work charge establishment for the purposes of qualifying service for pension as unconstitutional and against the provisions of law and declare the same as void and struck down the same along with its effect and operation also and direct the State Government to delete the same from statute book.
ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to count services of the petitioners rendered in work charge establishment of the respondents, in the regular services of the petitioners for the purposes of pension, gratuity and other service benefits and to provide pension, gratuity and other service benefits to the petitioners accordingly."
3. Learned counsel for petitioner submits that no pension is being paid to petitioner. He further submits that the petitioner is also entitled for the benefit of the judgment of the Supreme Court dated 02.09.2019 passed in case of 'Prem Singh Vs. State of U.P. and Others', (Civil Appeal No.6798 of 2019 and other connected matters). Paragraph-36 of the aforesaid judgment read as:-
"36. 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."
4. In view thereof, petitioner is permitted to make a fresh detailed representation to the Principal Secretary, Public Works Department, Civil Secretariat, U.P., Lucknow raising all his grievances, annexing therewith a copy of this writ petition along with annexures and all the documents in support of his claim within a period of three weeks from today along with a certified copy of this order.
5. In case such a representation is moved by petitioner, the Principal Secretary, Public Works Department, Civil Secretariat, U.P., Lucknow shall consider and decide the same in accordance with law as well as in light of the aforesaid judgment of Supreme Court dated 02.09.2019 passed in case of 'Prem Singh Vs. State of U.P. and Others', by a reasoned and speaking order within a period of three months from the date a certified copy of this order along with representation is placed before him.
6. With the aforesaid directions, the writ petition is disposed of.
Order Date :- 28.11.2019 Om [Rajesh Singh Chauhan, J.]