Court No. - 28
Case :- WRIT - A No. - 3158 of 2019 Petitioner :- Smt. Sushila Devi Srivastava Respondent :- State Of U.P. Through Its Principal Secretary Infrastructure And Industrial Department And 3 Others Counsel for Petitioner :- Abhay Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Abhay Kumar Srivastava, learned counsel for the petitioner and learned standing counsel for respondents.
Contention of petitioner is that she was Assistant Teacher at Primary Vidyalaya, U.P. State Cement Corporation Ltd, Dala, District Mirzapur. The said Unit of the Cement Corporation was wound up on 8.12.1999 on the recommendation of Board of Industrial and Financial Reconstruction (BIFR).
The petitioner has retired. The claim for the pensionary benefit was denied by Government Order dated 12.12.2006. The petitioner relied upon upon a judgment of this Court passed in Writ-A No.10232 of 2010, dated 3.5.2018 whereby the Government Order dated 12.12.2006 was quashed. He further contends that similarly situated persons have been given the benefit in terms of the judgement rendered by this Court in Writ-A No.61107 of 2013, decided on 12.4.2016 against which the special appeal was preferred by the State and the same was dismissed on 21.12.2017.
Sri Srivastava contends that in view of the decision of this Court, she is also entitled for the claim of her pensionary benefits.
In view of the above, the writ petition is disposed of with the direction to respondent no.4 that if the petitioner makes a representation within 15 days from today, the same shall be considered and decided in accordance with law by a reasoned and speaking order within three months from the date of production of a certified copy of this order.
Order Date :- 28.2.2019 AKJ