Court No. - 6
Case :- WRIT - A No. - 8287 of 2021 Petitioner :- Smt. Gayatri Devi Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Nath Sharma,Pratik Kumar Sharma Counsel for Respondent :- C.S.C.,M.N. Singh
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Bala Nath Mishra, learned counsel appearing on behalf of respondents no. 2 and 3.
The controversy raised in the present writ petition is with regard to calculation of qualifying service rendered prior to the date of regularization for the purposes of pension and other retiral benefits.
The facts are that the petitioner was appointed on 05.01.1989 on temporary post of Typist as a daily wager, subsequently, on 14.6.1989, the petitioner was appointed on temporary vacant post of Lower Division Assistant (now designated as Assistant Review Officer) and since then the petitioner rendered her services, subsequently with effect from 01.05.2012, the services of the petitioner was regularized on the post of Typist, however, while calculating the qualifying service rendered by the petitioner, the services rendered from 05.01.1989 to 30.4.2012 have not been added.
The said issue stands squarely adjudicated by this Court in Special Appeal Defective No. 1003 of 2020 (State of U.P. through its Secretary, Foods and Civil Supplies and 2 others vs. Mahendra Singh) wherein this Court considered the scope of section 2 of the Ordinance being the Uttar Pradesh Qualifying Service for Pension and Validation Ordinance, 2020 and has held that services rendered even prior to regularization shall be counted while computing the qualifying service.
In view of the said judgement, the denial of pension and gratuity of the petitioner, without counting her services rendered from 01.5.1989 to 30.4.2012 cannot be sustained.
Accordingly, the writ petition is allowed in the light of the judgement of this Court in the case of State of U.P. vs. Mahedra Singh (supra).
It is clarified that the services rendered by the petitioner from 05.01.1989 to 30.4.2012 shall also be counted while computing the services rendered by the petitioner and the petitioner shall be entitled to all consequential benefits thereon.
The writ petition stands allowed in terms of the said direction.
Copy of the order downloaded from the official website of this Court shall be treated as certified copy of this order.
Order Date :- 12.8.2021 Puspendra