Partly allowed

Smt Sharda Singh v. State of Up and 3 Others

Allahabad HC5 Sept 2024WRIA/13778/2024

Case brief

AI extract

What is this about?

Writ petition challenged denial of pensionary benefits on the ground that regular service was less than 10 years. Court held that ad-hoc service before regularization must be counted. Impugned order was quashed and matter remitted for fresh consideration and release of benefits.

What did the court decide?

Impugned order dated 12.08.2024 quashed; matter remitted to Deputy Director of Education to release pensionary benefits within two months.

Smt Sharda Singh vs State of Up and 3 Others — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:153621

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Court No. - 9

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Case :- WRIT - A No. - 13778 of 2024

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Petitioner :- Smt Sharda Singh Respondent :- State Of UP And 3 Others Counsel for Petitioner :- Kushmondeya Shahi,Tanuj Shahi Counsel for Respondent :- C.S.C.

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Hon'ble Rohit Ranjan Agarwal,J.

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Instructions have come which are taken on record.

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Learned counsel for the petitioner submits that initially petitioner was appointed as an Assistant Teacher on ad hoc basis against a short term vacancy on 24.12.1996. Her services were regularized by order dated 28.06.2024 w.e.f. 22.03.2016. She attained the age of superannuation on 31.03.2023. Petitioner is claiming pensionary benefits which have been denied by State on the ground that earlier services rendered on ad hoc basis cannot be counted towards previous service and she has rendered services only for seven years from the date of regularization, which is below 10 years and, as such, she is not entitled for pension. Reliance has been placed upon a decision of coordinate Bench of this Court in case of Nand Lal Vs. State of U.P. and others, 2022 (11) ADJ 177 and a judgment of Division Bench rendered in Special Appeal Defective No. 181 of 2020 on 11.06.2020. Learned counsel for the petitioner submits that the order impugned dated 12.08.2024 is against the dictum of this Court and petitioner is entitled for pensionary benefits as her earlier services, rendered from the year 1996 to 2016, has to be added before her services were regularized on 22.03.2016.

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Learned Standing Counsel has opposed the writ petition on the ground that regularization has taken place on 22.03.2016 and petitioner has not completed ten years of regular service before the age of superannuation. However, she could not dispute the dictum of this Court rendered in case of Nand Lal (Supra) .

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I have heard learned counsel for the parties and perused the material on record.

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Considering the fact relating to adding of previous service rendered on ad hoc basis before regularization, the issue is no

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more res integra in case of Nand Lal (Supra) and Division Bench of this Court in Special Appeal Defective No. 181 of 2020 has taken similar view for adding earlier services rendered on ad hoc basis for grant of pensionary benefits.

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In view of the said fact, the order dated 12.08.2024 is unsustainable in the eyes of law and same is hereby quashed. Matter is remitted to respondent no. 2-Deputy Director of Education, Azamgarh Region, Azamgarh, to accord fresh consideration and release pensionary benefits to petitioner in light of decision of this Court in case of Nand Lal (Supra) and order of Division Bench in Special Appeal Defective No. 181 of 2020. The said exercise shall be completed within two months from the date of receipt of certified copy of this order.

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Writ petition stands partly allowed.

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Order Date :- 20.9.2024 Shekhar

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Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad

Smt Sharda Singh v. State of Up and 3 Others

Case brief

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Smt Sharda Singh v. State of Up and 3 Others

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