Allahabad High Court
Rama Kant (Sc) And 2 Others vs State Of U.P. Thru. Addl. Chief Secy. ... on 20 October, 2022
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- WRIT - A No. - 7051 of 2022 Petitioner :- Rama Kant (Sc) And 2 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Reveneue Lko. And 6 Others Counsel for Petitioner :- Saryu Prasad Tiwari Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Sri Saryu Prasad Tiwari, learned counsel for the petitioners as well as learned Standing Counsel for the respondents.
2. Petitioner has approached this Court seeking direction to the respondents to add their services rendered by them as "Seasonal Collection Amin" and also provide them pensionary benefits and other retiral benefits.
3. It is submitted by learned counsel for the petitioners that they were initially appointed as Seasonal Collection Amins on 01.09.1995, 01.07.1987, 22.04.1985 respectively and were regularised with effect from 18.10.2016, 18.10.2016 abd 01.02.2016 respectively and they have retired after attaining age of superannuation on 31.03.2021, 31.10.2021 and 31.10.2021 respectively.
4. It is next submitted by counsel for the petitioners that respondents have not granted pension to the petitioners considering the fact that they have not rendered requisite period of service pursuant to their regularisation in the year 2016. Services rendered by the petitioners prior to their regularisation should be counted towards their pensionable service. In this regard it is submitted that this Court in similar circumstances had allowed the writ petition in the case of Kaushal Kishore Chaubey and 4 Others Vs. State of U.P. and Others, Writ-A No. 5817 of 2020 (decided on 08.10.2021) and while allowing the writ petition, the Court issued mandamus directing the respondents to compute pensionary benefit payable to the petitioners therein after taking into account their entire service including the service rendered by them as Seasonal Collection Amin.
5. Learned counsel for the petitioner after arguing the matter up to some length as prayed that grievance of the petitioners shall be substantially redressed in case directions is issued to the respondents to consider case of the petitioners and grant them pensionionary benefits as well as other post retiral benefits after taking into account the service rendered by them as Seasonal Collection Amin.
6. Learned Standing Counsel has no objection in case suitable directions are issued to the respondents to consider and decide case of the petitioners for payment of pension and other post retiral benefits.
7. In view of above, present writ petition is disposed of with liberty to petitioners to move fresh representation(s) before respondent no. 3 within two weeks from today. In case such representation is made, respondent no. 3 - Collector, Faizabad (Ayodhya) is directed to proceed to consider and decide the same expeditiously, say within a period of eight weeks from the date of representation by means of reasoned and speaking order in accordance with law, taking into account the observations made by this Court in the case of Kaushal Kishore Chaubey (supra).
8. With above directions the writ petition stands disposed of.
Order Date :- 20.10.2022 A. Verma (Alok Mathur, J.)