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) Issue a writ order or direction in the nature of mandamus commanding the opposite parties to grant pension to the petitioners, after counting the services rendered by the petitioners in work charge establishment as qualifying service for the purposes of grant of pension, in terms of judgment and order dated 02.09.2019, passed by the Hon'ble Apex Court in the case of Civil Appeal No.6798 of 2019 ( Prem Singh Vs. State of U.P. and others).
ii) Issue a writ order or direction in the nature of mandamus thereby commanding/directing the opposite parties to consider the seniority of the petitioners, after including the services of the work charge establishment and given the arrears of pension as well s other consequential benefits to the petitioners in light of judgment and order dated 02.09.2019, passed in Civil Appeal No.6798 of 2019 ( Prem Singh Vs. State of U.P. and others)."
3. Learned counsel for petitioners submits that no pension is being paid to petitioner. He further submits that the petitioner is 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. In view thereof, without entering into merits of the petitioners are permitted to make a fresh detailed separate representation to the Principal Secretary, Irrigation Department, Civil Secretariat, U.P., Lucknow raising all his grievances, annexing therewith a copy of this writ petition along with annexures and all the documents in support of his claim within a period of three weeks from today along with a certified copy of this order.
5. In case such a representation is moved by petitioner, the Principal Secretary, Irrigation Department, Civil Secretariat, U.P., Lucknow 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', 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 :- 19.12.2019 prabhat