Allahabad High Court
Ganga Sahay & 8 Ors. vs State Of U.P.Thru ... on 24 October, 2019
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- SERVICE SINGLE No. - 29355 of 2019 Petitioner :- Ganga Sahay & 8 Ors. Respondent :- State Of U.P.Thru Prin.Secy.Irrigation Deptt. Lko & Ors. Counsel for Petitioner :- Yogendra Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J.
Heard learned counsel for petitioners and learned standing counsel for State.
By the present writ petition, petitioners who working on the post of Tubewell Operator claims that they are 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."
Learned counsel for petitioners submits that present matter is squarely covered by the aforesaid judgment of Hon'ble Supreme Court and ends of justice would be met if their representation is decided.
In view thereof, petitioners are permitted to make a fresh detailed representation to respondent no.1 Additional Chief Secretary, Irrigation Department, Government of U.P., Civil Secretariat, Lucknow raising all their grievance, 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.
In case such a representation is moved by petitioners, respondent no.1 shall consider and decide the same in accordance with law 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.
It is made clear that this Court has not applied itself on the merits of the case and all questions are left open to be considered and decided by concerned authority in accordance with law.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 24.10.2019 Rakesh/-