Court No. - 33
Case :- WRIT - A No. - 13471 of 2020 Petitioner :- Bhagat Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sujeet Kumar Rai Counsel for Respondent :- C.S.C.,Rajnish Kumar Rai
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's claim for correct fixation of his pension appears to have been declined by the Additional Secretary (Pension & Treasury) vide order dated 15.5.2018. This order records that services of petitioner were regularised w.e.f. 20.11.1990 vide order of the competent authority dated 30.4.2002 and the petitioner, therefore, is not entitled to inclusion of previous working in the department for calculating qualifying service for the grant of pensionary benefits. This order is assailed on the ground that the statutory scheme has been completely misunderstood by the authority inasmuch as adhoc services rendered against the permanent vacancy followed by regularisation is liable to be counted for the purposes of determining qualifying service in accordance with Rules 3(8) of the U.P. Retirement Benefit Rules, 1961. Submission is that the order impugned, for such reasons, cannot be sustained.
Learned Standing Counsel representing respondent nos. 1 to 3 as also Sri R.K. Rai for respondent no. 4 states that the authority concerned be permitted to revisit the issue in light of the statutory scheme.
In that view of the matter, this petition stands disposed of by permitting the petitioner to furnish details with regard to his adhoc working from 22.3.1984 to 20.11.1990. The Addl. Director shall get the facts inquired into and would pass a fresh order in respect of the petitioner's claim, keeping in view the provisions contained under Rule 3(8) of the Rules of 1961. Requisite order would be passed within a period of four months from the date of presentation of copy of this order.. The order impugned in the writ petition shall remain subject to the fresh order to be passed by the authority concerned.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 8.1.2021 n.u.