The court disposed of the writ petition at the admission stage without adjudicating merits, directing the respondent to decide the petitioner's representation on pension calculation within four months.
Direction to respondent No.2 to decide the petitioner's representation on pension within four months.
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Court No. - 18
Case :- WRIT - A No. - 1384 of 2019
Petitioner :- Rajeshwari Saraswat Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akash Sharma Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Heard Mr.Akash Sharma, learned counsel for the petitioner and learned standing counsel for the respondents.
The petitioner has preferred present writ petition with following reliefs:-
(i) issue a writ, order or direction in the nature of mandamus directing the respondent Nos.2 and 3 to pay pension to the petitioner according to old pension scheme and all the benefits under the old pension scheme.
(ii) issue a writ, order or direction in nature of mandamus directing the respondent Nos.2 and 3 suitably compensate the petitioner according the law.
(iii) issue a writ, order or direction in nature of mandamus directing the respondent No.2 to decide the representation dated 20.09.2018 sent by the petitioner to the respondent No.2.
Facts in brief as narrated in the Writ Petition are that the petitioner appeared in the examination for the post of Health Worker (Women) in the year 1988 and passed out the said examination. Thereafter, the petitioner short listed for training. The petitioner had completed her training at Training Center Mathura in the year 1990. In paragraph 8 of the writ petition, it is contended by the learned counsel for the petitioner that even after completing of her training, competent authority had not issued any appointment letter till 2005. Ultimately the appointment letter was issued by the respondents vide letter dated 25.01.2006. The aforesaid appointment letter was issued by the Chief Medical Officer Agra, copy of which is appended as Annexure 3 to the writ petition. Thereafter the petitioner after obtaining the age of superannuation, retired from service from the post of A.N.M. Community Health Centre Fatehpur Sikri, Sub Station Ghotra, Agra on 31.05.2018. After her retirement, the petitioner submitted a representation before the Authorities regarding calculation of her pension under the old pension scheme, copy of one such representation dated 20.09.2018 is appended as Annexure 6 to the writ petition. In paragraph 16 of
the writ petition, it is contended by the petitioner that she is getting her pension under new pension scheme, although the petitioner is entitled to get all the benefits under the old pension scheme. It is further contended by the counsel for the petitioner that the delay in appointment was committed by the respondent No.2/Director General Family Welfare, U.P. Government Lucknow and the petitioner should not suffer and she is entitled to seniority in the services.
Without going into merits of the case and with the consent of learned counsel for the parties, the present writ petition is being finally disposed of at the admission stage itself.
In the facts and circumstances of the case, the petitioner is directed to make a fresh representation before respondent No.2/Director General Family Welfare, U.P. Government, Lucknow along with certified copy of this order as well as the earlier representation dated 28.09.2018 within a period of three weeks' from today.
If such a representation is made, respondent no.2 will pass appropriate speaking order on the said representation of the petitioner within four months thereafter.
It is made clear that this Court is not passing any order on merits of the case and respondent No.2 will pass will pass order independently in accordance with law.
With the aforesaid observation, this writ petition is finally disposed of.
Order Date :- 28.1.2019 saqlain
1 issue framed by the court
Whether the petitioners claim for pension under the old scheme can be disposed of at the admission stage.
Rajeshwari Saraswat
State Of U.P.
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
