Court No. - 16
Case :- WRIT - A No. - 16102 of 2018 Petitioner :- Radhey Krishan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhan Pal Counsel for Respondent :- C.S.C.,Hemant Kumar
Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the parties.
It is the petitioner's case that he was appointed on daily wage basis in the office of the respondents no.
3 on 28.12.1989. He was regularized by the respondent no. 3 on 30.09.2005 as was confirmed later on 06.05.2008. He retired after completing 12 years of regular service on 30.09.2017.
In view of the law settled by the Hon'ble Supreme Court in Civil Appeal No. 7434 of 2016 (Habib Khan vs. State of Uttrakhand), he is entitled for counting of his service rendered on daily wages.
He approached this Court by filing Writ Petition No. 6443 of 2013 (Radhey Krishna vs. State of U.P. & Others) which was disposed of on 22.02.2018 with a direction to the Nagar Ayukt, Nagar Nigam, Bareilly to consider his claim. The respondent no. 3 has rejected his claim on the ground that the State Government has not taken any policy decision for payment of pension to such employees by counting their service rendered on daily wages as qualifying service.
Learned counsel for the Nagar Nigam has pointed out that it is not for the Nagar Ayukt to take policy decision as it would effect all other similarly situated employees all over the State of U.P. and various local bodies and, therefore, the matter has been referred to the State Government.
Accordingly, without entering into the merits of the controversy, the present writ petition is disposed of with a direction to respondent no. 2 to seek instructions from respondent no. 1 and pass appropriate orders for such directions to be given to the respondent no.3 for payment, if any, to be made to the petitioner thereafter. The entire exercise shall be completed within period of four months and a certified copy of this order produced before respondent no.2.
Order Date :- 27.7.2018 Rahul.