Heard Ms. Savita Jain learned counsel for petitioners and Mr. Rishabh Kapoor learned counsel for opposite parties.
Petition has been filed seeking following reliefs:-
" (a) To issue a writ, order or direction in the nature of mandamus commanding and directing the opp. parties to release the entire post retiral dues of the petitioners expeditiously or within the time stipulated by this Hon'ble Court.
(b) To issue a writ, order or direction in the nature of mandamus commanding and directing the opp. parties to make the payment of interest on the post retiral dues of the petitioners at the current market rate from the due date till the actual date of payment."
Learned counsel for petitioners submits that petitioners were initially appointed on muster roll on the post of Tax Collector (regular employee field). Subsequently the petitioners 1 and 2 were regularized in service on Ist April, 1989 while petitioner No.3 was regularized on the post of Runner on 26th April, 2011 with effect from Ist April, 1992. It is submitted that thereafter all the petitioners have superannuated from the service but their post retiral benefits have not yet been made available. For the aforesaid grievance, the petitioners have already submitted their representation but learned counsel for petitioners seeks liberty to file their fresh representations.
Mr. Rishabh Kapoor learned counsel appearing for opposite parties have drawn attention to the order dated 18th August, 2020 whereby regularization of all such muster roll employees who were regularized in service on 26th April, 2011 with retrospectivity in regularization was withdrawn. It is submitted that petitioner No.3 would be covered by the aforesaid government order, which is not under challenge.
Learned counsel for petitioner submits that so far as petitioners 1 and 2 are concerned, the said government order would be inapplicable since they have been regularized in the year 1989 and not in the year 2011.
In view of the fact that relevant orders are required to be passed by the competent authority, the petitioners are granted liberty to make a fresh representation to the opposite party No.2 i.e. The Chief Engineer (E-4), U.P. Jal Nigam, Lucknow. In case such a representation is made, the said authority shall ensure payment of retiral benefit to the petitioners within a period of 10 weeks from the date a copy of this order is produced before him. In case of any legal impediment, the same shall be intimated to the petitioners within the aforesaid time period.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 12.1.2021 prabhat