Court No. - 6
Case :- WRIT - A No. - 8473 of 2021 Petitioner :- Dr.Janardan Rai And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raghwendra Prasad Mishra,Avneesh Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
The present petition has been filed challenging the order dated 18.6.2021, whereby the petitioner has been denied the benefit of the pension merely on the ground that the petitioner did not have the necessary qualifying service, which has been calculated based upon the U.P. Ordinance No. 19 of 2020, placing reliance on Section 2 of the said Ordinance.
The facts, in brief, are that the petitioner no. 1 and husband of petitioner no. 2 was initially appointed on ad hoc basis vide order dated 5.6.1999 and the services of the petitioners stood regularized vide order dated 5.2.2020 w.e.f. 16.3.2005. The claim of the petitioner is that the period of 5.6.1999 up to 16.3.2005 was not considered while computing the qualifying service in the light of Section 2 of the Ordinance No. 19 of 2020.
The said question is no more res integra and is squarely considered by Special Appeal Bench of this Court in Special Appeal Defective No. 1003 of 2020, decided on 4.2.2021 as well as Special Appeal No. 97 of 2021 (State of U.P. and others Vs. Bhanu Pratap Sharma), decided on 9.6.2021, wherein this Court while dealing with the similar issues, held that the services of the appellant rendered prior to his regularization would entitle benefit to the appellant even in terms of Section 2 of the said Ordinance No. 19 of 2020, the special appeals were allowed.
Following the said two judgments and considering the fact that the impugned order records the only reason for counting the services of the petitioner from 5.6.1999 up to 16.3.2005 being the mandate of Section 2 of the said Ordinance No. 19 of 2020, no useful purpose would be served in keeping the writ petition pending. Accordingly, the writ petition deserves to be allowed. The order dated 18.6.2021 is set aside with direction to the respondents to compute the period w.e.f. 5.6.1999 up to 16.3.2015 as qualifying service for calculating the total qualifying service of the petitioner and the petitioner shall be entitled to payment of pension and other retiral dues on the basis of the said total qualifying services rendered by the petitioner. The dues shall be paid to the petitioners with all expedition, preferably within a period of four months from the date of filing of a copy of this order before the respondent concerned.
The writ petition is allowed in terms of the said order.
Copy of the order downloaded from the official website of this Court shall be treated as certified copy of this order.
Order Date :- 22.9.2021 S. Rahman