1. Heard learned counsel for petitioners and learned Standing Counsel for State.
2. Petitioners have filed the present writ petition for the following reliefs :-
"(I) A writ order or direction in the nature of mandamus thereby commanding the opposite parties to provide the benefit of the judgment dated 02.09.2019 passed by the Hon'ble Supreme Court in the case of Prem Singh Vs. State of U.P. and Others to the petitioner.
(II) A writ order or direction in the nature of mandamus thereby commanding the opposite parties to count the period of service rendered in work charged establishment for calculating qualifying service for pensionary benefits and also grant said pensionary benefits to the petitioners.
(III) A writ order or direction in the nature of mandamus thereby commanding the opposite parties to sanction and pay all the post retiral benefit admissible to regular employee after counting the past work charge services rendered by the petitioners along with arrears thereof."
3. Learned counsel for petitioners submits that no family pension is being paid to petitioners. He further submits that the petitioners are also entitled for the benefit of the judgment of the Supreme Court dated 02.09.2019 passed in case of 'Prem Singh Vs. State of U.P. and Others', (Civil Appeal No.6798 of 2019 and other connected matters). Paragraph-36 of the aforesaid judgment read as:-
"36. In view of reading down Rule 3(8) of the U.P. Retirement Benefits Rules, 1961, we hold that services rendered in the work-charged establishment shall be treated as qualifying service under the aforesaid rule for grant of pension. The arrears of pension shall be confined to three years only before the date of the order. Let the admissible benefits be paid accordingly within three months. Resultantly, the appeals filed by the employees are allowed and filed by the State are dismissed."
4. Learned Standing Counsel could not dispute that the present matter is squarely covered by the aforesaid judgment.
5. In view thereof, petitioners are permitted to make a fresh detailed representation to the concerned Executive Engineers, Public Works Department, District Gonda raising all their grievances, annexing therewith a copy of this writ petition along with annexures and all the documents in support of his claim within a period of three weeks from today along with a certified copy of this order.
6. In case such a representation is moved by petitioners, the Executive Engineer concerned shall consider and decide the same in accordance with law as well as in light of the aforesaid judgment of Supreme Court dated 02.09.2019 passed in case of 'Prem Singh Vs. State of U.P. and Others', by a reasoned and speaking order within a period of three months from the date a certified copy of this order along with representation is placed before him.
7. With the aforesaid directions, the writ petition is disposed of.
Order Date :- 30.9.2019 akverma