Court No. - 6
Case :- WRIT - A No. - 10434 of 2021 Petitioner :- Shivnath Ram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- J.P.N. Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard counsel for the parties and perused the record.
The present writ petition, inter alia, has been filed with following prayer:
"a) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the retiral, pensionery benefit to the petitioner in pursuance of Regulation 370 of Civil Service Regulation w.e.f. 1.7.2016, with interest."
The contention of the counsel for the petitioner is that the petitioner was initially appointed in the year 1974 and with effect from 1983, the petitioner continuously worked with the respondents. The services of the petitioner were regularised in the year 2011 and the petitioner retired in the year 2016.
The petitioner claims that he is entitled to pension computing the services rendered by the petitioner from 1983 till the year 2011 as qualifying services in the light of the judgment of the Supreme Court in the case of Prem Singh Vs. State of UP, 2019 (10) SCC 516 as well as judgments of this Court in the case of State of UP and 4 others Vs. Bhanu Pratap Sharma (Special Appeal No. 97 of 2021 decided on 9.6.2021) and State of UP Through Secretary, Revenue Department and others Vs. Ram Sunder Ram (Special Appeal No. 1891 of 2009 decided on 23.8.2016.
Considering the fact that no orders have been passed with regard to pension of the petitioner, the writ petition is disposed off with liberty to the petitioner to file a fresh representation before the Respondent No. 3, who shall take a decision thereupon in respect of the entitlement of the petitioner by calculating the qualifying service rendered by the petitioner in the light of judgment of the Supreme Court in the case of Prem Singh Vs. State of UP, 2019 (10) SCC 516 as well as judgments of this Court in the case of State of UP and 4 others Vs. Bhanu Pratap Sharma (Special Appeal No. 97 of 2021 decided on 9.6.2021) and State of UP Through Secretary, Revenue Department and others Vs. Ram Sunder Ram (Special Appeal No. 1891 of 2009 decided on 23.8.2016 with all expedition preferably within a period of three weeks from the date of filing of said representation and a web generated copy of this order before the Respondent No. 3.
Order Date :- 19.8.2021 vinay