Petitioners sought count of daily wager services towards pension. Court, relying on earlier rulings, directed the competent authority to decide their representation within three months without examining merits, and disposed of the writ petition.
Direction to decide representation within three months.
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Neutral Citation No. - 2025:AHC:4112
Court No. - 5
Case :- WRIT - A No. - 142 of 2025
Petitioner :- Naresh Chandra Sharma And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Wajid Ali Counsel for Respondent :- C.S.C.,Pradeep Chauhan
Hon'ble Ajay Bhanot,J.
Heard Shri Syed Wajid Ali, learned counsel for the petitioners, learned Standing Counsel for the Staterespondent, Shri Pradeep Chauhan, learned counsel for the respondents No. 2 and 3.
The petitioners claim that their services rendered as daily wagers are liable to be counted towards pensionable services. A representation in this regard has been made but to no avail.
Learned counsel for the petitioners relies on the law laid down by this Court in Writ A No. 9872 of 2023 (Ram Sewak Yadav vs. State of U.P. and 3 others) decided on 01.02.2024 and Writ A No. 17042 of 2021 (Kamaluddin vs. State of U.P. and another) decided on 06.12.2021 .
Shri Pradeep Chauhan, learned counsel for the respondents No. 2 and 3 submits that the claim of the petitioners require factual determination as per applicable law by the competent authority in the first instance. He, however, fairly contends that their claims are liable to be decided by the competent authority within a reasonable
time frame. The applicability of the aforesaid judgments to the facts of this case will also be examined while deciding the representation of the petitioners.
In the wake of submissions made by the parties, and without going into the merits of the case, the respondent no. 3 i.e. Executive Officer, Nagar Palika Parishad, Anoopshahr, Bulandshahar shall decide the representation of the petitioners as per law within a period of three months from the date of receipt of a certified copy of this order along with a fresh copy of the representation.
Writ petition is disposed of.
Order Date :- 8.1.2025 Jaswant
Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether services rendered as daily wagers are liable to be counted towards pensionable services?
Colour shows how this judgement treated each authority
Ram Sewak Yadav vs. State of U.P. and 3 othersReferred¶8
Writ A No. 9872 of 2023 (Ram Sewak Yadav vs. State of U.P. and 3 others)
Kamaluddin vs. State of U.P. and anotherReferred¶8
Writ A No. 17042 of 2021 (Kamaluddin vs. State of U.P. and another)
Naresh Chandra Sharma And Another
State Of U.P. And 2 Others
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
