Allahabad High Court
Mohd. Siddiq vs State Of U.P. And 3 Others on 18 July, 2019
Author: Sunita Agarwal
Bench: Sunita Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 10010 of 2019 Petitioner :- Mohd. Siddiq Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bed Kant Mishra Counsel for Respondent :- C.S.C.,Alok Mishra Hon'ble Mrs. Sunita Agarwal,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner, Sri Alok Mishra learned Advocate for the respondent nos. 3 and 4 and learned Standing Counsel appearing for respondent no. 1 and 2.
The petitioner is seeking mandamus for the act of respondent no. 3 in not according benefit of A.C.P. scheme. It is contended that the petitioner has been appointed on a Class-IV post in Nagar Mahapalika, Kanpur on 27.7.1990 on temporary basis w.e.f. 31.7.1990. In continuance of his temporary engagement, he was regularized on 22.4.1993 by the competent authority. The appointment letter and regularisation order of the petitioner have been brought on record of the writ petition.
It is contended that the A.C.P. scheme has been introduced in Nagar Nigam in the year 2008. Other employees working therein have been accorded benefit of A.C.P. scheme but petitioner has been singled out. He is at the verge of retirement as he would be attaining the age of superannuation on 31.7.2019.
The submission of the petitioner is that in case, the benefit of A.C.P. scheme is not provided to him at the earliest, his pension would be fixed at the lower pay scale. An expeditious decision is, therefore, required at the ends of the respondent no. 3.
Only prayer made during the course of argument is to issue a direction to the respondent no. 3 to take a decision in accordance with law.
To this submission, no plausible objection could be raised by the learned counsels for the respondents.
Having considered the facts stated above, it is provided that the respondent no. 3 namely the Nagar Ayukt, Nagar Nigam, District Kanpur Nagar shall consider the claim of the petitioner for grant of benefit of A.C.P. scheme as per the Government Order dated 5th November, 2014 readwith the previous Government Orders issued from time to time.
A reasoned and speaking order in accordance with law shall be passed, preferably, within a period of four weeks from the date of submission of certified copy of this order.
After determination of the right of the petitioner to receive the benefits of A.C.P. scheme, arrears of salary and his pensionary dues shall also be computed immediately thereafter and payments be made accordingly, at the earliest.
The writ petition is disposed of.
Order Date :- 18.7.2019 Brijesh