Court No. - 6
Case :- WRIT - A No. - 14947 of 2020
Petitioner :- Ramakant Singh
Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- R. K. Singh Kaosik Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and Shri Mohd. Naushad Siddiqui, learned Standing Counsel for the State- respondents.
The present petition has been filed alleging that the petitioner was appointed on account of short terms vacancy under the provisions of the U.P. Secondary Education (Removal of Difficulties) (Second) Order, 1983 and was paid salary from July, 1997, however, the services of the petitioner stood regularized vide order dated 1.10.2019 w.e.f. 22.3.2016. The petitioner has retired on 31.3.2020, however, the pension is not being paid on the ground that the petitioner did not have the qualifying services as required for payment of pension.
It is claimed that the services rendered by the petitioner from July, 1997 up to 22.3.2016 should also be counted for calculating the qualifying service for the purposes of pension, which is not being done as is clear from the order dated 11.6.2020.
Counsel for the petitioner has placed reliance on the Division Bench judgment of this Court in Special Appeal (Defective) No. 157 of 2021, State of U.P. and others Vs. Kamlesh Babu Gaur and Another, decided on 19.2.2021, wherein a similar issue was considered and placing reliance on the judgment of the Supreme Court in the case of Prem Singh Vs. State of U.P.; (2019) 10 SCC 516 and another judgment of this Court in the case of State of U.P. and others Vs. Mahendra Singh, Special Appeal Defective No. 1003 of 2020, this Court has interpreted that the services rendered on ad hoc on a substantive vacancy shall be considered for the purposes of calculating the qualifying service.
In view of the said judgment, it is clear that the services rendered by the petitioner from July, 1997 up to 22.3.2016 are bound to be calculated while calculating the qualifying service, which are required for payment of pension. Accordingly, the writ petition is allowed. Directions are issued to the respondent no. 3, Deputy Director of Education (Secondary), Varanasi Region, Varanasi to take steps for payment of pension to the petitioner by adding the services rendered by the petitioner from July, 1997 up to 22.3.2016 in the qualifying services. Steps shall be taken for payment of the pension and other dues, to which the petitioner may be found to be entitled in accordance with law expeditiously, preferably within a period of three months from the date of filing of a copy of this order before the respondent concerned.
Copy of the order downloaded from the official website of this Court shall be treated as certified copy of this order.
Order Date :- 24.9.2021
S. Rahman