RAM NARESH v. STATE OF U.P. THRU. CHIEF SECY. GOVT. OF U.P. LKO. AND 2 OTHERS
WRIA/2061/2025 · 2025-02-18
Alok Mathur
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 124555 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124555 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:10582 Court No. - 6 Case :- WRIT - A No. - 2061 of 2025 Petitioner :- Ram Naresh Respondent :- State Of U.P. Thru. Chief Secy. Govt. Of U.P. Lko. And 2 Others Counsel for Petitioner :- Phool Bux Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Sri Phool Bux Singh, learned counsel for petitioner and learned Standing Counsel appearing on behalf of opposite parties.
2. Learned counsel for petitioner submits that petitioner has superannuated from U.P. Sachivalaya, Lucknow after rendering more than 30 years of service on daily wages, work charge and regular service but has been denied service benefits regarding the same although such employement rendered as daily wage or work charge was subsequently followed by regularization in service.
3. Learned counsel for petitioner has relied upon the judgment rendered by Hon'ble Supreme Court in the case of Prem Singh versus State of U.P. and others (Civil Appeal no. 6798 of 2019 and other connected matters), in which paragraph 36 reads as follows:-
"36. In view of reading down Rule 3(8) of the U.P. Retirement Benefits Rules, 1961, we hold that services rendered in the work-charged establishment shall be treated as qualifying service under the aforesaid rule for grant of pension. The arrears of pension shall be confined to three years only before the date of the order. Let the admissible benefits be paid accordingly within three months. Resultantly, the appeals filed by the employees are allowed and filed by the State are dismissed."
4. Learned counsel for petitioner submits that with regard to the said grievance, representation dated 20.01.2025 has already been submitted before the appointing authority who may be
directed to take a final decision with regard to the same.
5. Considering the innocuous prayer being made by learned counsel for petitioner, the petitioner is granted liberty to file a fresh representation before opposite party No.2 i.e. Principal Secretary, Sachivalaya Prashasan Vibhag, U.P. Sachivalaya, Lucknow. In case such a representation is preferred by
petitioner within next two weeks before respondent no. 2, same shall be decided within a period of six weeks from the date of submission of representation. The decision so taken shall be by reasoned and speaking order in the light of judgment rendered by Hon'ble Supreme Court in the case of Prem Singh versus State of U.P. and others (supra).
6. The petition is disposed of.
Order Date :- 18.2.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench