Disposed

Dr. Sanjiv Kumar Singh v. State of U.P. Thru. Prin. Secy. Ayush Anubhag-I U.P. Lko. and 3 Others

Allahabad HC5 Mar 2024/1728/2024

Case brief

AI extract

What is this about?

A superannuated Medical Officer sought counting of ad-hoc service towards qualifying service for pension and payment of retiral dues. The court disposed of the writ petition by directing the respondent authority to decide his representation within eight weeks, in light of an earlier judgment in a similar case.

What did the court decide?

Direction to respondent no.1 to consider and decide representation dated 19.12.2022 by reasoned speaking order within eight weeks.

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

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Neutral Citation No. - 2024:AHC-LKO:19729

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Court No. - 18

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Case :- WRIT - A No. - 1728 of 2024

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Petitioner :- Dr. Sanjiv Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Ayush Anubhag-I U.P. 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 17.05.1996 and in pursuance thereof he joined the post.

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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 petitioner was regularized vide order dated 16.03.2005 and has been superannuated on 30.04.2022 from Rajkiya Ayurvedic Chikitsalaya, Amaniganj, District Ayodhya.

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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 his 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 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 petitioner shall be substantially redressed in case respondent no.1 is directed to consider and decide the representation of the petitioner dated 19.12.2022, contained as Annexure No.4 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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In view of above, the present writ petition is disposed of finally with a direction to the respondent no.1/Appar Chief Secretary, Ayush Anubhag-I, Government of U.P. Lucknow to consider and decide the representation of the petitioner dated 19.12.2022, contained as Annexure No.4 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 :- 5.3.2024 Nitesh

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

Dr. Sanjiv Kumar Singh v. State of U.P. Thru. Prin. Secy. Ayush Anubhag-I U.P. Lko. and 3 Others

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Dr. Sanjiv Kumar Singh v. State of U.P. Thru. Prin. Secy. Ayush Anubhag-I U.P. Lko. and 3 Others

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