Disposed

Dr. Sunil Kumar and 9 Others v. State of U.P. Thru. Prin. Secy. Ayush Anubhag I U.P. Lko. and 3 Others

Allahabad HC11 Mar 2024/1873/2024

Case brief

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What is this about?

This court dismissed a writ petition concerning non-payment of post-retirial dues and pension for ad-hoc service. It directed the State to expeditiously decide the petitioners' representation relying on a co-ordinate bench judgment.

What did the court decide?

Direction to opposite party no.1 to decide the representation of the petitioner dated 05.12.2023 expeditiously within eight weeks.

Dr. Sunil Kumar and 9 Others Vs State of… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:21072

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Court No. - 18

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Case :- WRIT - A No. - 1873 of 2024

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Petitioner :- Dr. Sunil Kumar And 9 Others 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 petitioners 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 petitioners that the petitioners were duly appointed on the post of Medical OfÏcer on 18.06.1988 and in pursuance thereof they joined the post and resumed the duty.

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It is stated that the petitioners were 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 have superannuated on 31.12.2022, 28.02.2023, 31.01.2022, 30.11.2021, 30.11.2022, 31.12.2022, 31.07.2022, 30.06.2023, 30.06.2023 respectively from Rajkiya Ayurvedic Chikitsalaya, as mentioned in para 5 of the writ petition.

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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 them 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 petitioners 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 petitioners, at this stage, submits that the grievance of the petitioners shall be substantially redressed in case opposite party no.1 is

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directed to consider and decide the representation of the petitioners dated 05.12.2023, contained as Annexure No.7 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 petitioners.

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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 05.12.2023, contained as Annexure No.7 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 :- 11.3.2024 Nitesh

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

Dr. Sunil Kumar and 9 Others v. State of U.P. Thru. Prin. Secy. Ayush Anubhag I U.P. Lko. and 3 Others

Case brief

What is this about?

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Dr. Sunil Kumar and 9 Others v. State of U.P. Thru. Prin. Secy. Ayush Anubhag I U.P. Lko. and 3 Others

Case brief

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