HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.18197 of 2023

ORDER:

Heard Sri Ch.Ganesh, learned counsel appearing

on behalf of petitioner and learned Assistant Government Pleader for Services-I representing all the learned counsel appearing on behalf of the respondents

on record.

2. The petitioner approached the Court seeking the

prayer as follows:

“…to issue an order or direction more

particularly one in the nature of Writ of Mandamus to declare the in action of the respondents in not counting the past temporary service rendered by the Petitioner on adhoc basis to reckon same for computation of qualifying service as per G.O.Ms.No.156 Finance and planning (FW. PEN.1) Department, dated 29-04-1983, for the purpose to sanction of pension and Gratuity on eve of retirement of petitioner by not applying principles laid by Hon’ble Supreme Court in the case of Prem Singh Vs. State of Uttar Pradesh and others in Civil Appeal No.6798 of 2019 and batch dt.02.09.2019, (2019) 10 SCC 516), and in the case of Habib

Khan Verses State of Uttarakhand and others in Civil Appeal No.10806 of 2017 and batch dt.23.08.2017, (2019) 10 SCC 542), followed by Division Bench of this Hon’ble Court in W.P.No. 8201 of 2016, dt.17-03-2016, and in similar case in WP.No.11735/2019 dt.06.02.2023, as highly illegal, arbitrary, unjust, unconstitutional against the principles of natural justice, equity and fair play and amounts to violation of Articles 14, 16, 21, 39(d) 43 & 300-A of our Constitution and prays to direct the respondents herein to count the pre- absorption service rendered by petitioner herein in temporary capacity on adhoc basis from 1-2-1992 upto 13-5-2007 eve of on regular absorption in the post of Asst Professor in the year 2007, for the purpose of computation of qualifying service for sanction of pension Gratuity of other retirement benefits by applying the afore said principles laid by Apex Court and this Hon’ble Court as per Article

141 of our Constitution and pass”.

3. It is specific case of the petitioner that the Respondent Department is not taking any steps to count the temporary service rendered on contract basis by the petitioner from the year 01.02.1992 to 13.05.2007 in the Respondent Department for the purpose of sanctioning regular pension gratuity and other retirement benefits, as per revised pension rules of 1980, on petitioner’s retirement from service in the month of May, 2020 in spite of petitioner’s repeated requests for the same. Aggrieved by the said action of the respondents, the petitioner approached this Court by filing the present Writ Petition.

4. I t is represented by learned counsel appearing on behalf of the petitioner that the subject issue in the present Writ petition is squarely covered by the order of this Court dated 24.11.2022 passed in W.P.No.7343 of 2019 and hence, the present writ petition could be allowed in terms of the order of this Court dated

24.11.2022 passed in W.P.No.7343 of 2019.

PERUSED THE RECORD.

5. The learned counsel appearing on behalf of the petitioner contends that under similar circumstances in pursuance to the order dated 20.06.2017 passed by a division bench of this Court in W.P.No.17700 of 2016 the same was implemented by the concerned respondents vide Lr.No.6047/ CRP&RE/ C-2/ 2018, dated 10.10.2018 and also communicated the same to one Sri P.Dasharadham who was the applicant in O.A.No.5624 of 2015 vide letter Rc.No.B10/ 4170/ 2015, dated 08.10.2018.

The relevant portion of Division Bench order of this Court dated 20.06.2017 in W.P.No.17700 of 2016, is extracted hereunder:

“Coming to the case of the 1st respondent herein, he filed O.A.No.5624 of 2015 stating that the respondents therein have not counted his past service as Full Time Contingent sweeper as per Government instructions issued in G.O.Ms. No.156, dated 29.04.1983. In the counter affidavit filed by him before this Court, he specifically stated that he was initially appointed as sweeper on 30.04.1982 in the Zillah Praja Parishad Seco