1. Heard learned counsel for petitioners and learned Standing Counsel for State.
2. Petitioners have filed the present writ petition for the following reliefs :-
"(I) That by issuing writ, order or direction in the nature of mandamus opposite party Nos.1 and 2 may be commanded to count the past work charge services of the petitioners since the date of initial engagement towards qualifying service in accordance with law laid down in the case of Prem Singh vs. State of U.P. (S.L.P. No.4371 of 2011; Civil Appeal No.6798 of 2019 decided on 02.09.2019) and to grant post retiral benefits from the date of retirement of the petitioner."
3. Learned counsel for petitioners submits that no pension is being paid to petitioners. He further submits that the petitioners are also entitled for the benefit of the judgment of the Supreme Court dated 02.09.2019 passed in case of 'Prem Singh Vs. State of U.P. and Others', (Civil Appeal No.6798 of 2019 and other connected matters). Paragraph-36 of the aforesaid judgment read as:-
"36. 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."
4. Since the petitioner has preferred a representation dated 1.10.2019 in the light of the judgment of the Hon'ble Apex Court in re: Pram Singh (supra) therefore, the authority concerned is directed to consider and decide the said representation of the petitioner strictly in accordance with law and also in the light of the judgment of the Hon'ble Apex Court in re: Prem Singh (supra) by reasoned and speaking order within a period of three months from the date of production of certified copy of the order of this Court and intimate the petitioner about the decision forthwith.
5. In case such a representation is moved by petitioners, the Additional Chief Secretary, Rural Engineering Department, U.P., Civil Secretariat, Lucknow (opposite party No.1) shall consider and decide the same in accordance with law as well as in light of the aforesaid judgment of Supreme Court dated 02.09.2019 passed in case of 'Prem Singh Vs. State of U.P. and Others' (supra), by a reasoned and speaking order within a period of three months from the date a certified copy of this order along with representation is placed before him.
6. With the aforesaid directions, the writ petition is disposed of.
Order Date :- 28.11.2019 Om [Rajesh Singh Chauhan, J.]