Brahm Kishore v. State of Up and 5 Others
Case brief
What is this about?
Writ petition by a retired Class IV employee seeking pension treating his dying-in-harness appointment as regular from initial date. Court relied on prior rulings that such appointments are regular from inception and sought personal affidavits from officials explaining delay in deciding pension.
What the court decided
Court No. - 7
Case :- WRIT - A No. - 10232 of 2024
Petitioner :- Brahm Kishore Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Amit Goel Counsel for Respondent :- Bhanu Pratap Singh Kachhawah,C.S.C.
Hon'ble Prakash Padia,J.
- Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1, 3 & 4 and Sri B.P. Singh, learned counsel for respondent Nos.2, 5 & 6.
- Facts in brief as contained the petition are that the petitioner was initially appointed on Class IV post under dying in harness rules vide order dated 21.01.1991 passed by the Deputy Inspectors of Schools, Etah at the fixed pay of Rs.750 per month. Thereafter the petitioner was granted pay scale of Rs.2550-55-2660-60-3200 in the year 2006 and the petitioner was retired on 31.07.2022. Subsequent to the same, the papers and documents were forwarded for payment of pension and other post retiral benefits between 28.01.2005 to 14.09.2005. Subsequent to the same, a letter dated 12.12.2023 was written by the Finance and Account Officer, (Basic Education) Etah/respondent No.6 to the District Basic Education Officer, Etah/respondent No.5 asking his comments in the matter that whether the services rendered by the petitioner between 21.01.1991 to 14.09.2005 will be treated as regular service or not.
- Learned counsel for the petitioner relied upon a judgement and order dated 02.08.2023 of this Court passed in the case of Praveen Kumar Vs. State of U.P. and others Natural Citation No. -
Issues for consideration
2 issues framed by the court
Whether the petitioner's compassionate appointment service from 21.01.1991 should be treated as regular for pension purposes.
Why no decision has been taken by respondent officers on releasing pension treating services as regular.
Parties & counsel
- petitioner
Brahm Kishore
- respondent
State of UP
- respondent
District Basic Education Officer, Etah
- respondent
Finance and Account Officer (Basic Education), Etah
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- WRIA/10232/2024
All orders in this case
3 orders share this CNR
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