Allahabad High Court
Lakshmi Ram And Another vs Union Of India And 5 Others on 5 September, 2022
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 13451 of 2022 Petitioner :- Lakshmi Ram And Another Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Manoj Kumar Pandey Counsel for Respondent :- A.S.G.I.,Krishna Raj Singh Jadaun,Vinod Kumar Shukla Hon'ble Saumitra Dayal Singh,J.
1. Heard Shri Manoj Kumar Pandey, learned counsel for the petitioners; Shri Krishna Raj Singh Jadaun, learned counsel for respondent University and; Shri Vinod Kumar Shukla, learned counsel for Union of India.
2. Petitioners claim mandamus upon the respondent University to include the length of service rendered by them in communicating post distribution project rendered at the respondent University, for the purposes of computing the qualifying service and computation of pension.
3. On the other hand, learned counsel for respondent University submits, the length of service rendered was only in a project and not on any post of the University. Petitioner no.1 has already been granted benefit with respect to the same i.e. being absorbed in service on the post of Senior Clerk. That having been done with effect from 29.4.2006, no further claim can be made by that petitioner. Then, it has been submitted, petitioner no.2 was not even shown to have been included in the list of workers absorbed by the University.
4. The said objection being raised by Shri Jadaun apart, insofar as it is undisputed, the petitioners had worked in a project and not against any regular post of the University, in absence of any enabling law shown to exist, the claim made to include the length of service rendered in the project as regular service rendered by the petitioners for the purpose of computation of qualifying service of pension is found misconceived.
5. The benefit of service rendered in the project has already been granted to the petitioner, upon absorption made. Therefore, no further claim arises.
6. Writ petition is misconceived and is accordingly dismissed.
Order Date :- 5.9.2022/Prakhar