Allahabad High Court
Ram Achal And 19 Others vs State Of U.P. And 4 Others on 11 November, 2020
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- WRIT - A No. - 16901 of 2018 Petitioner :- Ram Achal And 19 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Saroj Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners and learned Standing Counsel for respondents no.1 to 5.
The petitioners have been appointed on various dates as work charged employee between years 1987 to 1989 in Public Works Department, Prayagraj. Services of the petitioners have been regularized w.e.f. 01.03.2011. The petitioners have retired on various dates.
The petitioners in the aforesaid backdrop have sought for a direction upon the respondents to include service rendered as work charged employee for the purpose of calculating qualifying service for determination of pension. Learned counsel for the petitioners has relied upon a judgement of the Apex Court in the case of Prem Singh Vs. State of Uttar Pradesh and others (2019) 10 SCC 516.
It is averred in paragraph no.5 of the counter affidavit filed by learned Standing Counsel that the petitioners are not entitled to be added the service rendered as work charged employee in their permanent service for pensionary and other benefits.
Grounds taken by the respondents in the counter affidavit for denying the benefit of service rendered as work charged employee in the department is not sustainable in view of the judgement of the Apex Court in the case of Prem Singh (supra).
Thus, this Court is of the view that the services rendered as work charged employee are to be added in their regular service for the purpose of determination of pension and other retiral dues.
Consequently, the writ petition is allowed with direction to the respondent no.5-Executive Engineer, Construction Division-IV, UP, Public Works Department, Prayagraj to add service of the petitioners rendered as work charged employee in their regular service for grant of retiral dues. Further a direction is issued to the respondent no.5 to grant all the benefits as admissible to the petitioners in terms of the judgement of the Apex Court in Prem Singh (supra) expeditiously preferably within a period of four months from the date of presentation of copy of this order.
In view of the fact that due to the pandemic of COVID-19, the certified copy is not being issued by the High Court, therefore, the order downloaded from the website duly certified by learned counsel for the petitioner may be treated as true copy of the order and the Authority may not refuse to comply the order on the ground of non filing of certified copy of the order.
The writ petition is allowed subject to observation made above.
Order Date :- 11.11.2020 S.Sharma