Petitioner challenged arbitrary exclusion of work charge service for pension purposes. Court directed respondent to examine claim per Apex Court precedent within specified time.
Petitioner permitted to represent grievance before respondent no. 5 with certified copy order; authority to examine claim with reference to Prem Singh within four months.
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Court No. - 30
Case :- WRIT - A No. - 3208 of 2020
Petitioner :- Smt. Kamla Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Samsher Bahadur Yadav Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Petitioner has approached this Court with the grievance that the authorities have arbitrary excluded the period of petitioner's husband working on work charge basis for the purposes of determining his qualifying service. Reliance is placed upon a judgement of the Apex Court in Prem Singh Vs. State of U.P. and others in Civil Appeal No. 6798 of 2019 dated 02.08.2019.
Learned Standing Counsel states that the competent authority shall take an appropriate decision upon petitioner's representation, in accordance with law.
In the facts and circumstances, it would be appropriate to permit the petitioner to represent his grievance before respondent no. 5 together with certified copy of this order, within a period of three weeks from today. It would be open for the petitioner to annex all materials in support of his claim. The authority concerned shall examine petitioner's claim with reference to the law laid down by the Apex Court in the case of Prem Singh (supra), by passing a reasoned order, within a further period of four months, thereafter.
Writ petition stands disposed of accordingly.
Order Date :- 27.2.2020 Puspendra
1 issue framed by the court
Whether the authorities should include the period of the petitioner's husband working on a work charge basis for determining qualifying service.
Colour shows how this judgement treated each authority
Prem Singh Vs. State of U.P. and othersReferred¶5
Prem Singh Vs. State of U.P. and others in Civil Appeal No. 6798 of 2019 dated 02.08.2019
Smt. Kamla Devi
State Of U.P.
2 Others
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
