Court No. - 39
Case :- WRIT - A No. - 18953 of 2019 Petitioner :- Ram Singhasan Singh And 22 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ratnesh Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioners, who are 23 in numbers, submit that they were appointed in respondent U.P. Cement Corporation a Govt. of Uttar Pradesh company, which was wound up on 8.12.2019. It is stated that petitioners are entitled to payment of pension but their claim is not considered apparently on the ground that their services were governed by the certified standing orders. It is submitted that this issue has ultimately been adjudicated by the Division Bench of this Court in Special Appeal Defective No.773 of 2016 vide judgment dated 21.12.2017 holding that pension would be payable to such employees also. Submission is that petitioner's claim for grant of pension and other retiral benefits is liable to be considered in view of the judgment of the Division Bench. It is also stated that though various representations have been made but till date petitioners' claim has not been examined.
Learned Standing Counsel states that an appropriate consideration would be made by the authority concerned in accordance with law.
In the facts and circumstances, this writ petition stands disposed of with a direction upon the respondent no.1 to accord consideration to petitioners' claim for grant of retiral benefits, including pension, keeping in view the Division Bench judgment of this Court, referred to above, by passing a reasoned order, within a period of four months from the date of presentation of certified copy of this order. All consequential action shall be taken accordingly.
Order Date :- 28.11.2019 Ashok Kr.