Disposed
Buddhsen Sharma v. State of U.P. and Another
Allahabad HCWRIA/3929/2019
Case brief
from the order text
What is this about?
Case :- WRIT - A No. - 3929 of 2019…
What the court decided
AI extract
Case :- WRIT - A No. - 3929 of 2019…
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Court No. - 35
Case :- WRIT - A No. - 3929 of 2019
Petitioner :- Buddhsen Sharma Respondent :- State of U.P. and Another Counsel for Petitioner :- Jamwant Maurya Counsel for Respondent :- C.S.C.
Hon'ble Vivek Agarwal,J.
Heard Sri Deena Nath, learned counsel for petitioner and Sri Girish Vishwakarma, learned Standing Counsel for the State.
Petitioner's grievance is that, as his application for regularization is pending, therefore, his claim for grant of pensionary benefits, could not be adjudicated by the authorities.
Sri Vishwakarma submits that first prayer to grant pension and all post-retiral benefits, is dependent on the ground of relief no. 2 that in case, petitioner's representation is decided and authorities decides to regularize his service, then only upon regularization, his claim for pension and other retiral benefits can be adjudicated, inasmuch as, a daily wager has no right to pension.
In view of such facts, instead of keeping this petition is pending, it is disposed off with a direction to respondent no. 2- the Director, Local Bodies to decide petitioner's pending representation dated 20.06.2016. In case, petitioner files a fresh copy of the said representation along with copy of this writ petition and the order being passed today within 15 days from today and then the authority concerned shall decide the representation through speaking order within further period of 60 days.
In above terms, petition is disposed off.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Order Date :- 27.9.2021 Vikram/-
1 issue framed by the court
Whether a daily wager has a right to pension while regularization pending
Buddhsen Sharma
State of U.P.
Director, Local Bodies
Vivek Agarwal
As recorded by the court registry
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