The court ruled that prior service as Seasonal Collection Amin must be considered for pension eligibility under the old pension scheme, following established legal precedents.

JUDGMENT

Prakash Padia, J.

The present petition has been filed by the petitioners inter-alia with the prayers to direct the 2nd-respondent namely District Magistrate, District- Bulandshahar to compute pensionary and other retrial / terminal benefits payable to the petitioners after taking into account their entire services including the services rendered by them as seasonal collection Amin and pay the same to the petitioners, according to old pension scheme.

2. It is argued that petitioner no.1 was appointed as Seasonal Collection Amin in the year 1992 and subsequently his services were regularized in the year 2007. Petitioner No.2 was appointed as Seasonal Collection Amin in the year 1989 and his services were regularized in the year 2009 and petitioner no. 3 was appointed as Seasonal Collection Amin in the year 1992 and his services were regularized in the year 2009. It is further stated that all the petitioners have already been superannuated after attaining the age of superannuation. It is further argued that the petitioners are getting pension considering the services rendered by them after regularization though they are entitled for the benefit of the services rendered by them as Seasonal Collection Amin also.

3. In this regard, counsel for the petitioners placed reliance upon the law laid down by the Division Bench of this Court in the case of State of U.P. Through Secretary, Lok Nirman Vibhag And 3 Others v. Bhanu Pratap in Special Appeal No. 152 of 2021 decided on 29.09.2020. It is further argued that against the aforesaid judgment a Special Leave to Appeal (C) No(s).10381 of 2022 (State of U.P. and others v. Bhanu Pratap) was filed which was dismissed vide order dated 11.07.2022.

4. It is argued by the counsel for the petitioners that identical controversy has already been decided by the Coordinate Bench of this Court in Writ A No. 20443 of 2023 (Daulat Lal Yadav and Another v. State of U.P. and Another) on 15.12.2023. The order dated 15.12.2023 reads as follows:-

"1. Heard learned counsel for the petitioners as well as learned Standing Counsel.

2. By means of this petition filed under Article 226 of the Constitution, the petitioners have approached this Court for a direction to the respondents to accord consideration to his service as Seasonal Collection Peon for the purpose of qualifying service to make Old Pension Scheme to him.

3. From the pleadings it transpires that petitioners were initially appointed as Seasonal Collection Amin on 11.04.1984 at Tehsil Phoolpur, District Azamgarh and finally they attained the age of superannuation on 31.07.2022 on the post of Collection Amin. However, the old pension benefit has not been made admissible to him by counting the previous service rendered by him as Seasonal Collection Peon in the Department.

4. Learned counsel for the petitioners submits that in the light of judgment of Supreme Court in the case of Prem Singh v. State of U.P. & Ors (2019) 10 SCC 516 followed by this Court in Awadhesh Kumar Srivastava v. State of U.P. & 4 others (Writ A No.746 of 2023) delivered on 03.07.2023 their previous service rendered as Seasonal Collection Amin liable to be considered. He has also placed reliance upon a Division Bench judgment of this Court in the case of Adarsh Kumar v. State of U.P. and Others, Writ - A No. 17720 of 2023 (decided on 18.10.2023) wherein the amending Act No. 1 of 2021 has also been taken into consideration and still in that case the employee was held entitled for pensionary benefits under the Old Pension Scheme following the law laid down in the case of Prem Singh (supra).

5 Per contra learned Standing Counsel has sought to justify the stand of the respondents in not considering the claim on the plea that amending Act No. 1 of 2021 has amended the U.P. Government Servants Retirement Benefit Rules, 1961 with retrospective effect. He further submits that even if the petitioner's claim is considered for the purposes of Old Pension Scheme following the judgment o