Allahabad High Court
Ram Prasad Kushwaha And Another vs State Of U.P. And Another on 25 February, 2020
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 30 Case :- WRIT - A No. - 2958 of 2020 Petitioner :- Ram Prasad Kushwaha And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Jiya Lal Patel Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
Heard Sri J.L. Patel, learned counsel for the petitioners and learned Standing Counsel representing all the respondents.
The petitioners have preferred the present writ petition with the following prayers:-
"(i) Issue a writ, order on direction in the nature of mandamus directing to the respondent no.2 to pay Pension, Gratuity, benefit of A.C.P., fixation of pay and other service benefit to the petitioner by adding the service of Allahabad Mandal Vikas Nigam Ltd. Allahabad to the petitioner.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 to take appropriate decision on the representation of petitioner dated 13.12.2019."
Facts in brief are that the petitioner nos.1 & 2 were initially appointed as Tube well Operators on 27.9.1985 and the petitioner no.1 retired on 30.11.2016 whereas the petitioner no.2 retired on 31.10.2019.
It is contended by Sri J.L. Patel, learned counsel for the petitioners that the petitioners are entitled for benefit of the service rendered by them while working on the post of Tubewell Operator before calculating the final pension of the petitioners. Counsel for the petitioners relied upon a judgement of co-ordinate Bench of this Court passed in Writ A No.46080 of 2012 (Gaya Kumar Vs. State of U.P. and others). He also relied upon a Division Bench's judgement of this Court passed in Writ A No.58438 of 2015 (Kanta Prasad Kannaujiya Vs. State of U.P. and two others) decided on 12.12.2017. It is further contended that against the order passed by the Division Bench in the case of Kanta Prasad Kannaujiya (supra), the State Government filed Special Leave Petition (Civil) Diary No. 29583/2018 (State of U.P. and others Vs. Kanta Prasad Kannaujiya) which was dismissed by the Supreme Court vide its order dated 03.01.2019. It is further contended by Sri J.L. Patel learned counsel for the petitioners that in the case of Gaya Kumar Katihar, an order dated 01.05.2019 was passed by the State Government to pay the pension and other service benefits to him after calculating the service rendered by him as a Tubewell operator in Mandaliya Vikas Nigam, Allahabad copy of the aforesaid order is annexed as Annexure 5 to the writ petition. In this view of the matter, a prayer is made by the learned counsel for the petitioners to issue a writ for grant of pension and other benefits to the petitioners.
Heard learned counsel for the parties and with the consent of learned counsel for the parties, the present writ petition is disposed off at the admission stage itself directing the petitioners to move a fresh detailed representation ventilating all their grievances before respondent No.2/District Development Officer, Pryagraj, annexing the copies of the judgements relied upon by them along with certified copy of this order within three weeks from today.
If such a representation is moved, respondent No.2 is directed to pass appropriate speaking and reasoned order in accordance with law within a period of three months thereafter.
It is made clear that this Court is not passing any order on merits of the case and the respondent No.2 is free to pass order in accordance with law without being influenced with any observation made by this Court in the order.
With the aforesaid observations the writ petition is disposed off.
Order Date :- 25.2.2020 Hasnain