PRADEEP KUMAR SRIVASTAVA v. STATE OF U.P. AND 2 OTHERS
WRIA/15709/2025 · 2025-10-26
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DailyLaw.ai
[ 2025 DAILYLAW 172187 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172187 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15709 of 2025 (Leading Application) with WRIT - A No. - 15711 of 2025 (Connected Application) Court No. - 34 HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Bhagwan Dutt Pandey, learned counsel for the petitioner in the leading and connected writ petitions and Ms. Archana, learned Additional Chief Standing Counsel, who appears for State-respondents as well as Shri N.P. Singh, counsel for respondent no. 2. 2. Since common question of facts and law are involved in WRIT - A No. - 15709 of 2025 (in short 'leading writ petition') and WRIT - A No. - 15711 of 2025 (in short 'connected writ petition'), thus, with the consent of the parties the writ petition is being consolidated and decided by a composite order. 3. The counsel for the rival parties have made a joint statement that they do not propose to file any further affidavits thus with the consent of the parties, writ petitions are being decided at the fresh stage. 4. The grievance of the writ petitioner in the leading writ petition is that though he was appointed as a clerk on 29.06.1990 and his services came Versus Counsel for Petitioner(s) : Bhagwan Dutt Pandey Counsel for Respondent(s) : C.S.C., Narendra Pratap Singh Versus Counsel for Petitioner(s) : Bhagwan Dutt Pandey Counsel for Respondent(s) : C.S.C., Narendra Pratap Singh Pradeep Kumar Srivastava .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Jagdish Yadav And 2 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
to be regularized on 24.12.2010 and he is superannuated on 30.06.2025, however, the writ petitioner is not being granted the benefit of the pension to the petitioner reckoning the period he has worked as daily wager/ work charge employee. Reliance has been placed upon a judgment of the coordinate Bench in Jai Prakash Tripathi v. State of U.P. and 3 others in Writ-A No. 890 of 2022, decided on 17.03.2023. 5. Insofar as the connected application is concerned, the same has been preferred by three writ petitioners and writ petitioner nos. 1 and 2 in the connected writ petition were employed as Peon i.e. Class-IV employee on 03.10.1988 & 24.12.1987 and the petitioner no.
3 was appointed as operator on 10.04.1989, though they were entitled to be regularized as per the Regularization Rules, 2001 but they have came to be regularised on 24.12.2010 and they superannuated on 31.08.2025 and 30.04.2024. The grievance is for reckoning the period worked as daily wager/ work charge employee since the date of appointment in the respondent department till the date of regularisation, upto the date of post retirement benefits. 6. Shri N.P. Singh, counsel for Gorakhpur Development Authority, Gorakhpur as well as learned Additional Chief Standing Counsel submits that the issue as to whether the writ petitioner(s) are entitled to the benefit to the judgment which they seeks to rely upon and also the reckoning of pension for the period which was undergone as a work charge employee/ daily wager employees needs determination at the first instance by the Chairman, Gorakhpur Development Authority/ second respondent. 7. To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same. 8. Considering the submissions of the rival parties as well as stand taken by them, the writ petitions are being disposed off granting liberty to the writ petitioner(s) to prefer a comprehensive representation along with the self-attested copy of the writ petitions before the second respondent, who shall on the receipt of the same by 07.11.2025, proceed to decide the claim of the petitioner(s) strictly in accordance with law within a period of three months from the date of presentation of the certified copy of the order. 9. Needless to point out that the writ petitions have been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the WRIA No. 15709 of 2025 2
merits of the case. 10. With the aforesaid observation, the writ petitions are disposed off.
October 27, 2025 A. Prajapati WRIA No. 15709 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad