Court No. - 35

Case :- WRIT - A No. - 4483 of 2022

Petitioner :- Mahaveer Prasad Dihuliya

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Mahabir Yadav

Counsel for Respondent :- C.S.C.,Chandra Prakash Awasthi

Hon'ble Ajit Kumar,J.

Heard Sri Mahabir Yadav, learned counsel for the petitioner, Sri

Chandra Prakash Awasthi, learned counsel for the contesting

respondent no. 3 and learned Standing Counsel for respondent

nos. 1 & 2.

By means of this petition filed under Article 226 of the

Constitution, the petitioner has prayed for following relief as

substantial relief:

"i) Issue a writ, order or direction in the nature of Mandamus

commanding the respondents to relies the retiral dues, to the petitioner

with all services consequences as well as Services rendred as daily wager

from 02.03.1989 till the date of Regularization is to be counted with

Regular service for the purposes of Grant of Retiral dues, with interest as

fixed by this Hon'ble Court."

By means of this petition filed under Article 226 of the

Constitution, the petitioner has prayed for a direction to the

respondents to make payment of post retirement dues of the

petitioner who has retired way back on 30.06.2017.

The grievance of the petitioner is that though the petitioner had

been in service of the respondent since 02.03.1989 but his

services came to be regularized only on 10.11.2011.

It is argued by learned counsel for the petitioner that the

petitioner is entitled to the benefit of pronouncement of law on

the question of consideration of period spent as daily wager,

fixed pay employee or temporary employee to be counted

towards the pensionable service.

It appears from the records that the petitioner has already

represented the matter to the respondent no. 3.

Sri Chandra Prakash Awasthi, learned counsel for respondent

no. 3 submits that he has no objection in the event this petition

stands disposed of with a direction to the respondent no. 3 to

look into and consider the grievance of the petitioner and pass

appropriate order strictly in accordance with law.

In view of the above, this petition stands disposed of with a

direction that respondent no. 3 shall consider the grievance of

the petitioner raised in his representation and decide the same in

the light of observations of Supreme Court's judgment in the

case of Prem Singh v. State of U.P. (2019) 10 SCC 516, and the

judgment of a coordinate bench of this Court in the case of

Kaushal Kishore Chaubey and 4 Others v. State of U.P. and 2

Others (Writ-A No. 5817 of 2020) decided on 08.10.2021 and

the recent judgment of this Bench in Awadhesh Kumar Dubey

v. State of U.P. and 4 others in Writ - A No. 2449 of 2022

decided on 04.03.2022, however, strictly in accordance with

law within a period of three months from the date of receipt of

certified copy of this order.

Needless to add that the order to be passed by the competent

authority, as directed herein above, shall be reasoned and

speaking one.

Order Date :- 4.4.2022

IrfanUddin

Digitally signed by IRFAN UDDIN

SIDDIKI

Date: 2022.04.06 09:29:11 IST

Reason:

Location: High Court of Judicature at

Allahabad