Court No. - 6
Case :- WRIT - A No. - 6767 of 2021 Petitioner :- Manorama Rai Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Hausihla Prasad Mishra Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
The present petition has been filed alleging that the petitioner has been denied the benefits of retiral dues solely on the ground that the services of the petitioner were regularized on 22.3.2016 without taking into account the services rendered by the petitioner prior to the date of regularization. The allegation of the petitioner is that admittedly the petitioner joined the Institution on 11.08.1991 and continue to work since then. His contention is that the services rendered from 11.08.1991 up to 21.3.2016 should have been considered while computing the qualifying service for payment of retiral dues, which have not been done.
It is argued that the said question is no more res intigra and has been squarely decided by this Court in Special Appeal Defective No. 1003 of 2020 (State of U.P. and Others Vs. Mahendra Singh), judgment dated 4.2.2021.
A perusal of the said judgment clearly reveals that the Ordinance issued by the Government namely The Uttar Pradesh Qualifying Service For Pension And Validation Ordinance, 2020 which specifically provided in Section 2 that the qualifying service means service rendered by an Officer appointed on a temporary or permanent post in accordance with the provisions of the service rules prescribed by the Government for the post. The said Section 2 was interpreted by this Court and this Court has decided that the services rendered prior to the regularization shall also be counted for computing of the qualifying service.
In view of the said fact that the matter has been squarely decided by this Court, the orders impugned dated 16.2.2021 and 12.5.2020 cannot be sustained and are set aside. The respondent no. 3 is directed to compute the pension and the retiral dues payable to the petitioner after adding the services rendered by the petitioner from 11.08.1991 up to 21.3.2016 while computing the qualifying service of the petitioner. The necessary consequential benefits shall be paid to the petitioner after the said computation is done, as expeditiously as possible, preferably within eight weeks from the date of production of a copy of this order.
The writ petition stands disposed off.
Copy of the order downloaded from the official website of this Court shall be accepted/treated as certified copy of this order.
Order Date :- 12.8.2021 Kuldeep