Allahabad High Court
Dr. Ajai Mohan Sahai vs State Of U.P. Thru Secy.Ayush Lucknow ... on 14 February, 2020
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 23 Case :- SERVICE SINGLE No. - 14300 of 2019 Petitioner :- Dr. Ajai Mohan Sahai Respondent :- State Of U.P. Thru Secy.Ayush Lucknow And Anr. Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the parties.
Sri Ran Vijay Singh, learned Addl. C.S.C. has produced the copy of the letter dated 9.12.2019 seeking one month's time to file counter affidavit.
Learned counsel for the petitioner has submitted that the identical writ petitions have been decided by this Court in the light of the judgment and order dated 1.3.2012 in Writ-A No. 61974/2011: Dr. Amrendra Narain Srivastava vs. State of U.P. & others, therefore, he has prayed that the present writ petition being identical in nature may be decided in terms of aforesaid order.
He has produced the copy of one order dated 27.2.2019 passed by this Court in Service Single No. 4792 of 2017 : Meena Verma vs. State of U.P. & others and that writ petition was decided in terms of judgment in re: Dr. Amrendra Narain Srivastava (supra). For the convenience the order dated 27.2.2019 in re: Meena Verma (supra) is being reproduced as under:
"Heard learned counsel for the petitioner and to the learned Additional Chief Standing Counsel on behalf of State respondents.
The petitioner retired from service while holding the post of Medical Officer. He claims that he was granted appointment on 29.04.1986 on ad hoc basis and his service has been ignored while calculating the qualifying service for the payment of post retiral dues and pension.
Learned counsel for the petitioner relied upon certain judgments in the cases of Dr. Amrendra Narain Srivastava Vs. State of U.P. and others, decided vide judgment and order dated 01.03.2012 in Writ-A No.61974 of 2011 and Shanta Rai Sharma Vs. State of U.P. and ors. decided vide judgment and order dated 25.10.2017 in Writ Petition No.25433 (SS) of 2017. Relevant portion of the judgment and order dated 01.03.2012, passed in Writ-A No. 61974 of 2011 is being quoted below:
"For the aforesaid reasons, we find that the petitioner has rendered qualifying pensionary service with effect from the date of his joining in the State Government on his option, and which shall be treated as service qualifying for pension and for which under the Government Orders, by which the hospitals were provincialised, the contribution of his pension has been deposited by the Zila Parishad.
The objection, that the contribution of pension, has not been deposited in the relevant account head, is too technical to be accepted. The amount has been credited to the account of the State Government in the Treasury. It is for the Treasury Officer to appropriate the amount in the correct account head. An error in depositing the amount in the wrong account head cannot be treated to have taken away the right of petitioner to pension based upon his continuance in the State Government beginning from 1991.
The writ petition is allowed. The impugned order dated 20.9.2011 is quashed. The petitioner shall be entitled to pension with effect from 01.2.1991, the date on which he joined in the State Government. The State Government will calculate his pension and issue the pension payment order within two months. The entire arrears of pension shall be paid over to him within a period of three months."
For the grant of said benefit, the petitioner has approached to the respondents requesting to grant the benefit of the aforesaid judgment.
After having heard the rival contentions of learned counsel for the parties, I perused the material on record.
In view of the judgment rendered in the case of Dr. Amrendra Narain Srivastava (Supra) the writ petition succeeds and is allowed.
The impugned order dated 03.07.2015 is hereby set aside.
Thus, following the decision rendered in the case of Dr. Amrendra Narain Srivastava (Supra), respondents are directed to pay the petitioners the terminal benefits by counting their services from the date of their initial appointment with the State Government and the respondents shall work out the pension and other dues payable to them accordingly and make the payment within the next two months."
Learned counsel for the petitioner has produced the copy of the office memo dated 6.12.2019 passed by the government making compliance of the order dated 27.2.2019 in re: Meena Verma providing the benefit of the order of this Court counting the ad-hoc services of Meena Verma. The copy of the office memo dated 6.12.2019 is taken on record.
I have perused the impugned order of this writ petition and the order dated 6.12.2019 passed in re: Meena Verma by the Government and I find that both the orders are similar in nature.
Considering the aforesaid facts and circumstances of the issue in question and perusing the material available on record I do not find appropriate to grant time to file counter affidavit for the reason that the similar matter should receive similar treatment as the law is settled on that point.
Accordingly, the impugned order dated 02.04.2019 passed by the opposite party no. 1 is hereby quashed. The opposite parties are directed to pass appropriate orders in the case of present petitioner following the decision rendered in Dr. Amrendra Nariain Srivastava (supra) with expedition preferably within a period of two months from the date of production of certified copy of the order of this Court.
The liberty is given to the petitioner to prefer a representation to the competent authority apprising the relevant facts and circumstances relating to the petitioner for getting benefit of the judgment rendered in Dr. Amrendra Narain Srivastava (supra) enclosing therewith the copy of the judgment passed in re: Dr. Amrendra Narain Srivastava (supra) and the certified copy of the order of this Court for perusal of the competent authority.
In view of aforesaid terms, the writ petition is disposed of finally.
Order Date :- 14.2.2020 Suresh/ [Rajesh Singh Chauhan,J.]