Court No. - 39
Case :- WRIT - A No. - 12780 of 2012 Petitioner :- Basant Kumar Tripathi Respondent :- State of U.P. and Others Counsel for Petitioner :- Swarn Kumar Srivastava,Anil Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is claiming benefit of inclusion of his services rendered on work charge basis and to compute all other benefits including pension etc. It is alleged that petitioner was appointed on work charge basis in 1989 and his services were regularized in the year 2005. Reliance is placed upon a judgment of the Apex Court in Civil Appeal No.6798 of 2019 (Prem Singh Vs. State of U.P. and others), dated 2.8.2019, to submit that services rendered on work charge basis is also liable to be included for the purposes of grant of pensionary benefits, subject to the observations made in the judgment itself.
Learned Standing Counsel states that petitioner's grievance shall be examined by the authority competent, in accordance with law.
In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon the respondent no.2 to accord consideration to petitioner's claim, as noticed above, in light of the judgment of the Apex Court in the case of Prem Singh (supra), by passing a reasoned order, within a period of four months from the date of presentation of certified copy of this order.
Order Date :- 27.11.2019 Anil