Heard learned counsel for the petitioner and to the learned Additional Chief Standing Counsel on behalf of State respondents.
The petitioner retired from service while holding the post of Medical Officer. Petitioner claim that he was granted appointment on 11.10.1983 on ad hoc basis and his service has been ignored while calculating the qualifying service for the payment of post retiral dues and pension.
Learned counsel for the petitioner relied upon certain judgments in the cases of Dr. Amrendra Narain Srivastava Vs. State of U.P. and others, decided vide judgment and order dated 01.03.2012 in Writ-A No.61974 of 2011 and Shanta Rai Sharma Vs. State of U.P. and ors. decided vide judgment and order dated 25.10.2017 in Writ Petition No.25433 (SS) of 2017. Relevant portion of the judgment and order dated 01.03.2012, passed in Writ-A No. 61974 of 2011 is being quoted below:
"For the aforesaid reasons, we find that the petitioner has rendered qualifying pensionary service with effect from the date of his joining in the State Government on his option, and which shall be treated as service qualifying for pension and for which under the Government Orders, by which the hospitals were provincialised, the contribution of his pension has been deposited by the Zila Parishad.
The objection, that the contribution of pension, has not been deposited in the relevant account head, is too technical to be accepted. The amount has been credited to the account of the State Government in the Treasury. It is for the Treasury Officer to appropriate the amount in the correct account head. An error in depositing the amount in the wrong account head cannot be treated to have taken away the right of petitioner to pension based upon his continuance in the State Government beginning from 1991.
The writ petition is allowed. The impugned order dated 20.9.2011 is quashed. The petitioner shall be entitled to pension with effect from 01.2.1991, the date on which he joined in the State Government. The State Government will calculate his pension and issue the pension payment order within two months. The entire arrears of pension shall be paid over to him within a period of three months."
For the grant of said benefit, the petitioner has approached to the respondents requesting to grant the benefit of the aforesaid judgment. In the light of aforesaid circumstances, petitioner is granted liberty to file a fresh representation before opposite party no.1.i.e. Principal Secretary, Medical Education (Ayush Anubhag-I,), Lucknow who shall consider and decide the same by means of reasoned and speaking order within a period of six weeks from the date a copy of this order is produced before him, taking into account judgment rendered by this Court in the case of Dr. Amrendra Narain Srivastava (supra). In case the petitioner is found eligible for the directions issued in the said case, terminal benefits by counting his services from the date of initial appointment shall be calculated and such dues along with other dues shall be paid within a period of next two months from the date of decision.
In terms of aforesaid, petition stands disposed of.
Order Date :- 18.12.2019 Subodh/-