Allahabad High Court
Krishna Deo Mishra And 19 Others vs Union Of India And 5 Others on 18 August, 2022
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 35 Case :- WRIT - A No. - 12015 of 2022 Petitioner :- Krishna Deo Mishra And 19 Others Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Rashtrapati Khare Counsel for Respondent :- A.S.G.I.,Krishna Raj Singh Jadaun,Rijwan Ali Akhtar Hon'ble Vivek Varma,J.
Heard counsel for petitioners, Sri K.R. Singh Jadaun learned counsel for respondents 2 to 5 and Sri Rijwan Ali Akhtar counsel for respondent No.6. No one has appeared on behalf of respondent No.1.
Petition has been filed seeking a direction to the respondents to accord benefit of pension to petitioner after inclusion of their services rendered earlier in Community Based Distribution Project.
Learned counsel for petitioners submits that petitioners were employed as Work Charge under the Community based Distribution Project/Centre for Population Education, department of Preventive and Social Medicine under the control of the Banaras Hindu University, Varanasi. Subsequently writ petitions were filed by petitioners and similarly situated persons claiming absorption/regularization within the university. The said writ petition Nos. 10780 of 1997 and 9572 of 1997 were allowed by means of order dated 21st May, 2004. The Special Appeals were filed but in the meantime petitioners were absorbed in service vide order dated 17th October, 2006 annexed as Annexure No. 11 to the writ petition. It is submitted that subsequently all the petitioners superannuated from service in the years 2009 till 2020 but pension is not being paid to the petitioners on account of the fact that they have not completed qualifying service required for payment of pensionary benefits.
Learned counsel for petitioners submits that the petitioners made a representation to the Grievance Redressal Committee of the University which was considered and vide recommendation dated 11th September, 2017, it was resolved that the request for counting of earlier services rendered by petitioners in the Centre for Population Education, department of Preventive and Social Medicine should be counted for the purposes of calculation of qualifying service. It has been further submitted that Grievance Redressal Committee has been constituted in terms of the first Statute of the University.
It is submitted that despite recommendations having been made in the year 2017, same are still pending consideration without any final decision thereupon. At present learned counsel for the petitioners restricts his prayer for a direction to the university to take a final decision in the matter particularly since grant of pensionary benefits are continuing cause of action. Counsel for the petitioners has also placed reliance upon the order dated 15.7.2021 passed in Writ Petition No. 1004 of 2022.
Considering innocuous prayer being made by counsel for petitioners and without entering into the merits of the case, respondent No. 3 i.e. Vice Chancellor, Banaras Hindu University, Varanasi is required to take a final decision on the recommendation dated 11th September, 2017 within a period of two months from the date a copy of this order is produced before the said authority.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 18.8.2022 S.S.