Disposed

Surendra Kumar Srivastava v. State of U.P. Thru. Addl. Chief Secy. / Prin.Secy.Minority.Welfare and Waqf Deptt. Lko and 3 Others

Allahabad HC4 Oct 2024/9196/2024

Case brief

AI extract

What is this about?

Writ petition seeking payment of pension and post-retiral dues from initial appointment under the UP Qualifying Service for Pension and Validation Act, 2021. Court disposed of the petition in terms of an earlier order in a similar case, with compliance subject to the outcome of a pending special appeal.

What did the court decide?

Petition disposed of in terms of order dated 14.03.2024 in Service Single No.2039 of 2024; compliance subject to final outcome of Special Appeal No.198 of 2022.

Surendra Kumar Srivastava Vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:69144

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Court No. - 4

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Case :- WRIT - A No. - 9196 of 2024

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Petitioner :- Surendra Kumar Srivastava Respondent :- State Of U.P. Thru. Addl. Chief Secy. / Prin.Secy.Minority.Welfare And Waqf Deptt. Lko And 3 Others Counsel for Petitioner :- Suresh Chandra Verma,Praveen Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Suresh Chandra Verma, learned counsel for the petitioner and Sri Uday Bhan Pandey, learned Standing Counsel for the State-opposite parties.

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By means of this petition, the petitioner has prayed following main reliefs:-

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"i) Issue a writ order or direction in the nature of Mandamus commanding the opposite parties to consider and make the payment of post retiral dues and pension w.e.f. initial appointment of the petitioner alongwith arrear and interest within the time stipulated by this Hon'ble Court.

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ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the opposite party to make the payment of post retiral dues and pension w.e.f. date of his initial appointment as per provision of The Uttar Pradesh Qualifying Service for Pension and Validation Act, 2021.

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iii) Issue a writ, order or direction in the nature of mandamus commanding/directing the opposite parties to make the payment of post retiral dues and pension w.e.f. initial appointment of the petitioner which has been paid to the other similarly situated employees of the department."

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Learned counsel for the petitioner has stated that case of the petitioner is identically the same with the case of Dr. Vishnu Kumar Gaur & Ors. Vs. State of U.P. & Ors., Service Single No.2039 of 2024, dated 14.03.2024, inasmuch as vide order dated 23.07.2010 (Annexure No.2), services of the petitioner have been regularized. He has further drawn attention of this Court towards Annexure No.8 of the writ petition, which is a compliance order being passed by the competent authority on 06.08.2024 whereby Dr. Vibha Dixit have been given benefits subject to the final outcome of the special appeal.

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Ms. Jyotsana Pal has drawn attention of this Court towards

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Special Appeal No.198 of 2022, State of U.P. and Another Vs. Dr. Akhlaque Ahmad, wherein this Court has passed order dated 13.05.2022 directing that if any benefit is given to the writ petitioner in compliance of the order of the Single Judge, any payment of pension etc. shall be subject to the final outcome of the special appeal.

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Therefore, this writ petition is disposed of finally in terms of the order dated 14.03.2024 passed by this Court in Service Single No.2039 of 2024, Dr. Vibha Dixit Gaur & Ors. Vs. State of U.P. & Ors., and compliance thereof shall be subject to the final outcome of Special Appeal No.198 of 2022 (supra).

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This writ petition is disposed of in the aforesaid terms.

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Order Date :- 4.10.2024 Anurag

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench

Surendra Kumar Srivastava v. State of U.P. Thru. Addl. Chief Secy. / Prin.Secy.Minority.Welfare and Waqf Deptt. Lko and 3 Others

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Surendra Kumar Srivastava v. State of U.P. Thru. Addl. Chief Secy. / Prin.Secy.Minority.Welfare and Waqf Deptt. Lko and 3 Others

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