Court No. - 36
Case :- WRIT - A No. - 11247 of 2018 Petitioner :- Subhash Chand Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Arun Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the respondents.
The petitioner by means of this writ petition is assailing the validity of the impugned order dated 4.10.2015 passed by the respondent no.2 and claiming pension and other retiral benefits of the post of Seasonal Collection Amin in Revenue Department by treating his services rendered in as Seasonal Collection Amin on temporary basis to be part of his service for the purposes of pension.
Learned counsel for the parties agree that the matter is covered by the decision of the Supreme Court dated 02.09.2019 rendered in Civil Appeal No. 6798 of 2019 (Prem Singh vs. State of U.P. and others) and connected petitions. The relevant paragraph-36 of the above decision reads as under :-
"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."
Learned counsel for the petitioner submits that in view of the judgement of Apex Court in Prem Singh's case (supra) the services rendered by the petitioner on temporary basis as Seasonal Collection Amin is liable to be treated towards qualifying service for the purposes of grant of pension and accordingly, he may be accorded monthly pension. He is also entitled to the past pension of last three years from today.
In view of the above decision, the impugned order dated 4.10.2015 cannot sustain and the same is set aside.
Consequently, the writ petition is allowed and the respondents are directed to consider the claim of the petitioner and pass appropriate order strictly in consonance with the judgement passed by Hon'ble Apex Court in Prem Singh's case (supra), expeditiously preferably within a period of two months from the date of production of certified copy of this order.
Order Date :- 19.12.2019 RKP