Disposed

Dr. Avdhesh Kumar Mishra v. State of U.P. and 2 Others

Allahabad HC28 Oct 2023WRIA/17627/2023

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What is this about?

Petitioner, an Ayurvedic doctor who retired without pensionary benefits, contended that services rendered prior to regularization in 2005 qualify for pension. Relying on Supreme Court and High Court precedents, the Court disposed of the petition directing authorities to consider pre-2005 service.

What did the court decide?

Direction to respondent No.1 to consider petitioner's pre-2005 services as qualifying for pension and pass a reasoned order within three months.

Dr. Avdhesh Kumar Mishra Vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:205470

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Court No. - 34

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Case :- WRIT - A No. - 17627 of 2023

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Petitioner :- Dr. Avdhesh Kumar Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raghwendra Prasad Mishra,Avneesh Tripathi Counsel for Respondent :- C.S.C.

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Hon'ble Ajit Kumar,J.

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Heard Sri R.P. Mishra, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

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Petitioner, who was posted in Government Ayurvedic Hospital, Shuklaganj, Unnao and retired from service on 30.06.2022, has not been accorded his pensionary benefits. It is submitted by learned counsel for the petitioner that he was initially appointed in the year 1992 and his services were on ad hoc basis, but later on he has come to be regularized in the year 2005.

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Learned counsel for the petitioner has relied upon the latest judgment of Hon'ble the Apex Court in the case of Prem Singh and others Vs. State of U.P. and others (2019) 10 SCC 516 in which it has been held that services earlier rendered in temporary/ad hoc capacity or even as work-charged, would be counted towards qualifying service for pension. Thus, the petitioner claims that his service period prior to regularization deserves to be counted towards pension. Learned counsel for the petitioner has further relied upon the judgment of this Court in Writ-A No.14203 of 2019 filed by one Dr. Om Prakash and another, who were also medical officers working in the Ayurvedic College, which was disposed of by this Court vide judgment and order dated 17.09.2019.

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Learned Standing Counsel does not dispute the above factual and legal position.

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In view of the above, this writ petition also stands disposed of with a direction to respondent no.1 to consider the claim of the petitioner for pensionary benefits by treating earlier services rendered by the petitioner prior to 2005 as a qualifying service for the purposes of pension in the light of the judgment of the Hon'ble the Apex Court in the case of Prem Singh and others (supra) and the judgment of this Court in Writ-A No.14203 of 2019. An

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appropriate decision shall also be taken by the authorities with due application of mind by passing a reasoned and speaking order within a period of three months from the date of production of copy of this order.

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Order Date :- 28.10.2023 IrfanUddin

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Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad

Dr. Avdhesh Kumar Mishra v. State of U.P. and 2 Others

Case brief

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Dr. Avdhesh Kumar Mishra v. State of U.P. and 2 Others

Case brief

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