Court No. - 36
Case :- WRIT - A No. - 7970 of 2018
Petitioner :- Jawahar Prasad
Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Bhagwan Dutt Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Sri Apurva Hajela, learned Standing Counsel for the State-respondent.
Petitioner is before this Court with a request to issue a mandamus directing the respondents to pay the retiral benefit i.e. pension etc. to the petitioner computing the period he worked since the date of appointment i.e. in the year 1976 to the date of retirement i.e. 31.12.2014 in view of the law laid down by the Apex Court in case of Habib Khan Vs. State of Uttarakhand.
Learned counsel for the petitioner in support of his submissions has placed reliance upon the judgment passed by this Court in Nisar Ahmad And 7 Others Vs. State of U.P. Thru' Secry. and 7 Others (Special Appeal No. 1242 of 2013, dt. 7.12.2017) and also the recent judgment passed by the Apex Court in Prem Singh Vs. State of Uttar Pradesh & Ors. 2019 LawSuit(SC) 1557, as such, it is sought to be contended that the present matter is squarely covered by the aforesaid judgments and the similar treatment may also be extended to the petitioner.
The above said argument of learned counsel for the petitioner is not being disputed by learned Standing Counsel.
In the facts and circumstances, with the consent of the parties, the writ petition is disposed of finally asking the petitioner to move an appropriate application before the District Magistrate, Maharajganj within a week's time from today. In case, any such application is preferred, definitely, the same would be considered and decided within further three months time in the light of Prem Singh (supra).
Order Date :- 29.11.2019 A.K.Srivastava