Court No. - 6
Case :- WRIT - A No. - 9529 of 2021 Petitioner :- Dr. Ragini Mishra Respondent :- State of U.P. and Another Counsel for Petitioner :- Rakesh Tripathi I Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard counsel for the parties and perused the record.
The present writ petition, inter alia, has been filed for the following reliefs:
"i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 15.03.2021 issued on 30.06.2021 passed by respondent no. 1/Additional Chief Secretary Labour, Govt. of U.P. at Lucknow.
ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to release the retiral benefits i.e. Pension and full Gratuity to the petitioner forthwith."
The contention of the counsel for the petitioner is that the services rendered by the petitioner with effect from 13.11.1986 upto 24.7.2009 have not been added while calculating the qualifying service. He, however, argues even otherwise also, the services of the petitioner was regularised on 24.7.2009 and she retired on 31.7.2019, as such, even in terms of the provisions, she had competed the qualifying service of 10 years and thus, denial by means of the impugned order is wholly bad in law.
Petitioner was initially appointed on 13.11.1986 and was subsequently appointed as Medical Officer under the E.S.I. Scheme wherein she joined on 9.9.1987. The services of the petitioner stood regularised on 24.7.2009 and she retired on 31.7.2019.
From perusal of the facts, as narrated above and the facts as are available on record, the petitioner has clearly attained the qualifying service of ten years even if calculated from the date of regularisation. In any event, the petitioner has certainly attained the bench mark while calculating the qualifying service as held in the case of State of UP and 4 others Vs. Bhanu Pratap Sharma (Special Appeal No. 97 of 2021 decided on 9.6.2021).
On both the counts, the order impugned dated 15.3.2021 cannot be sustained and is set aside in so far as it relates to the petitioner.
The respondents are directed to calculate the services rendered by the petitioner with effect from 31.11.1986 upto 24.7.2009 while calculating the qualifying service of the petitioner and consequently, the petitioner shall be entitled to all the benefits based upon the said qualifying service to be calculated as directed hereinabove.
The writ petition stands allowed.
Order Date :- 12.8.2021 vinay