Court No. - 5
Case :- WRIT - A No. - 8682 of 2021 Petitioner :- Jai Shankar Tiwari Respondent :- State of U.P. and Another Counsel for Petitioner :- Radhey Shyam Singh,Awadhesh Prasad Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondents.
The petitioner was appointed on 02.04.1982 as work charge employee on the post of Driver in Nahar Prakhand Allahabad. The services of the petitioner were regularized on 20.03.2012 and petitioner has retired from the service on 31.05.2014. The retiral dues of the petitioner has not been paid.
Learned counsel for the petitioner submits that the period of service rendered as work charged employee by the petitioner shall be counted for the purpose of determining the qualifying service for pension in view of the judgement of Apex Court in the case of Prem Singh Vs. State of Uttar Pradesh and Others 2019 (10) SCC 516. In this respect, petitioner has submitted several representations to respondent no.2 and last of which is dated 08.04.2021, copy of which is annexed as annexure 12 to the writ petition.
The grievance of the petitioner is that neither his representation is considered by respondent no.2 nor he has been granted pensionary benefits.
Learned Standing Counsel for the respondents submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction be issued to respondent no.2 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of permitting the petitioner to file a fresh representation before the respondent no.2- Executive Engineer, Belan Nahar Prakhand, Allahabad (Prayagraj) alongwith the copy of this order downloaded from the official website of High Court, Allahabad, raising all his grievances within a period of two weeks from today. In case any such representation is filed by the petitioner, the respondent no.2 shall consider and decide the same in accordance with law in the light of judgement of Apex Court in the case of Prem Singh (supra) within a period of two months thereafter.
The writ petition is disposed of subject to the observations made above.
Order Date :- 29.7.2021 Sattyarth