Allahabad High Court
State Of U.P. Thru. Prin. Secy. Home Lko. ... vs Hashim Abbas Rizvi on 13 December, 2019
Bench: Pankaj Kumar Jaiswal, Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 571 of 2019 Appellant :- State Of U.P. Thru. Prin. Secy. Home Lko. & Ors. Respondent :- Hashim Abbas Rizvi Counsel for Appellant :- C.S.C. Counsel for Respondent :- Sarvesh Kr. Dubey Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Alok Mathur,J.
Heard Sri Pankaj Khare, learned Additional Chief Standing Counsel for the appellants and perused the record.
This intra court appeal is barred by 626 days.
On due consideration, since reasons assigned in the affidavit filed in support of application for condonation of delay (C.M.Application No. 147848 of 2019) are satisfactory, therefore, we allow C.M. Application No. 147848 of 2019 and condone the delay in filing the instant appeal.
By the impugned order dated 21.2.2018 passed in writ petition no. 5303 of 2018 (S/S) : Hashim Abbas Rizvi Vs. State of U.P. and others, learned Writ Court, on relying upon the decision of the number of writ petitions including writ petition No. 421 (S/S) of 2018 : Bhuwan Chandra Joshi and another Vs. State of U.P. and others, decided on 9.1.2018, came to the conclusion that the writ petitioner should also be given benefit of the said order as provided to the similarly situated employees of the Uptron India Ltd and accordingly, disposed of the writ petition in terms of the order dated 9.1.2018 passed in writ petition No. 421 (S/S) of 2018.
It is not in dispute that the U.P. Electronic Corporation wound up in the year 2000 and as per policy decision, the writ petitioner was transferred in the Sachivalaya Prashashan under U.P. Civil Secretariate.
It appears that in Bhuwan Chandra Joshi (supra), the learned Writ Court has granted the benefit of the judgment and order dated 24.8.2016 passed in Service Single No. 6619 of 2015 : Genda Prasad Vs. State of U.P. and others, in which, the learned Writ Court on relying upon the decision of the Division Bench in Service Bench No. 1691 of 2012 : State of U.P. and others Vs. Jay Prakash Gupta and 2 others, decided on 3.12.2013, has disposed of the writ petition with a direction to the State authorities to grant pension and other retiral benefits to the writ petitioner including gratuity and leave encashment in terms of three Government Orders dated 28.5.2013, 28.7.2014 and 25.6.2015.
In Jay Prakash Gupta (Supra), the retrenched employees earlier approached the Tribunal for calculating the services rendered by them in Uptron India Limited, wherein the Tribunal allowed the claim of the retrenched employees and directed to count their services rendered by them in Uptron India Limited, for pensionary and other retiral benefits. Relevant part of the said judgment of the Division Bench dated 3.12.2013 is extracted herein below :-
"50. In view of the above, the judgment and order passed by the Tribunal, does not seem to suffer from any arbitrariness, illegality or infirmity which may call for interference. Substantial justice has been done by the Tribunal while allowing the claim petition after appreciating the evidence and material on record. The impugned judgment and order passed by the Tribunal does not seem to suffer any impropriety or illegality.
51. The writ petition is accordingly dismissed. No orders as to costs."
Against the aforesaid order, the State Government preferred a Special Leave Petition before the Supreme Court, which was also dismissed on 5.5.2014. It has been informed that in compliance of the order of the Tribunal which has been affirmed by a Division Bench of this Court as well as Supreme Court, a consequential order has also been issued by the State Government on 28th July, 2014 complying the directions of the Tribunal.
Considering the aforesaid, we are of the view that the issue is now settled by the decision of the Division Bench passed in a Bunch of special appeal, leading Special Appeal No. 433 of 2018 : State of U.P. and another Vs. Smt. Rana Ashok and another, decided on 31.10.2019 as well as in Service Bench No. 1691 of 2012 (Supra). Therefore, no case is made out to take a different view than the view taken by the learned Writ Court by means of the impugned order.
The special appeal lacks merit and is, accordingly, dismissed.
.
(Alok Mathur, J.) (Pankaj Kumar Jaiswal, J.) Order Date :- 13.12.2019 Ajit/-