Disposed

Dr. Alok Kumar Mishra v. State of U.P. Thru. Prin. Secy. Ayush Anubhag - I Govt. Lko. and 3 Others

Allahabad HC4 Mar 2024/1677/2024

Case brief

AI extract

What is this about?

In a writ petition, the petitioner sought direction for consideration of his representation regarding non-payment of post retiral dues and pensionary benefits. The Court directed the respondent to decide the representation expeditiously within eight weeks by a reasoned order referencing a coordinate bench judgment.

What did the court decide?

Direction to the State to consider the petitioner's representation dated 02.09.2023 by a reasoned order within eight weeks in light of Dr. Ram Sharan Tripathi case.

Dr. Alok Kumar Mishra Vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:19546

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Court No. - 18

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Case :- WRIT - A No. - 1677 of 2024

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Petitioner :- Dr. Alok Kumar Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Ayush Anubhag - I Govt. Lko. And 3 Others Counsel for Petitioner :- Mohammad Tauseef Siddiqui,Shiv Pratap Singh Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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Heard Mohd. Tauseef Siddiqui, learned counsel for the petitioner as well as learned Standing Counsel who has put in appearance on behalf of the respondents.

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It has been submitted on behalf of the petitioner that the petitioner was duly appointed on the post of Medical OfÏcer on 28.02.1992 and in pursuance thereof he joined on 10.03.1992.

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It is stated that the petitioner was selected in accordance with the Rules and against the clear vacancies. It is further stated that the services of the petitioners were regularized vide order dated 16.03.2005 and has been superannuated on 30.06.2023 from Rajkiya Ayurvedic Chikitsalaya, Ekta Vihar, District Moradabad.

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The grievance raised in the present petition is with regard to the non-payment of post retiral dues and pensionary benefits counting their ad-hoc service rendered by him in the Department towards grant of pension and other post retiral dues along with the arrears and interest.

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It has been submitted by the learned counsel for the petitioner that in similar circumstances a co-ordinate Bench of this Court has decided the case of Dr. Ram Sharan Tripathi Vs. State of U.P. and others passed in Writ-A No.15529 of 2018 on 15.09.2021 and while allowing the writ petition had held that the services rendered by the petitioner therein on ad-hoc basis would be counted towards qualifying service and consequently the petitioner was held to be entitled for pension. While allowing the said writ petition, this Court had considered the provisions of the U.P. Qualifying Service for pension and Validation Act, 2021.

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Learned counsel for the petitioner, at this stage, submits that the grievance of the petitioners shall be substantially redressed in case opposite party no.1 is directed to consider and decide the representation of the petitioner dated 02.09.2023, contained as Annexure No.6 to the petition expeditiously.

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Learned Standing Counsel appearing on behalf of the State has no objection to the prayer made by learned counsel for the petitioner.

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8.In view of above, the present writ petition is disposed of finally with a direction to the opposite party no.1/Appar Chief Secretary, Ayush Anubhag-I, Government of U.P. Lucknow to consider and decide the representation of the petitioner dated 02.09.2023, contained as Annexure No.6 to the petition by a reasoned and speaking order in the light of the judgment of this Court in the case of Dr. Ram Sharan Tripathi Vs. State of U.P. and others; Writ-A No.15529 of 2018 expeditiously, say, within a period of eight weeks from the date a certified copy of this order is placed before him.

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Order Date :- 4.3.2024 Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Dr. Alok Kumar Mishra v. State of U.P. Thru. Prin. Secy. Ayush Anubhag - I Govt. Lko. and 3 Others

Case brief

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Dr. Alok Kumar Mishra v. State of U.P. Thru. Prin. Secy. Ayush Anubhag - I Govt. Lko. and 3 Others

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