Shivaram Tiwari and Another v. State of U.P. and 3 Others

Court No. - 34 Case :- WRIT - A No. - 16907 of 2023 Petitioner :- Shivaram Tiwari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadhesh Kumar Malviya,Achche Lal Singh Yadav Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.

¶1Heard learned counsel for the petitioners and learned Standing Counsel for the State respondents.

¶2The petitioners before this Court have prayed for pensionary benefits on the plea that one identically placed person, namely, Awadhesh Kumar Dubey who has worked with the department as Lekhpal from 22.12.1990 till

30.06.2022 has been paid post retirement dues upon his retirement.

¶3It is contended on behalf of the petitioners that there has been a checkered history of litigation in matters of such employees like the petitioners and the petitioners' initial writ petition against the order of dismissal from service came to be allowed by this Court on 28.11.2016 being Writ - A No.- 10040 of 2012 in terms of the order passed on

12.9.2016 corrected on 18.12.2016 in Writ - A No.- 59038 of 2011 Dara Singh Chauhan and others vs. State of U.P. and others.

¶4It transpires also from the record that this matter was unsuccessfully appealed against in the intra court appeal and thereafter the matter went to Supreme Court and upon being remanded by the Supreme Court, the said writ petition was allowed by this Court vide detailed judgment and order dated 18.10.2022.

¶5Learned counsel for the petitioners has submitted that the petitioners after their petition was allowed in the year 2010 continued to discharge their duties as Lekhpal and in this regard an observation has also come to be made in paragraph 26 of the order dated 18.10.2022 by a co-ordinate Bench of this Court. The observation as made in paragraph 26 of the aforesaid judgment is reproduced hereunder: "26. Here, before parting, it may also not be lost sight, barring the present petitioner and three others, all other similarly situated persons (148 in number) are continuing in job. Further, in face of the discussion made above, there never existed any justifiable ground to dispense with the services of the present petitioner. In view of the above, writ petition is allowed."

¶6It is contended that aforesaid judgment was assailed against in intra court appeal being Special Appeal No.- 370 of 2023 which is now been dismissed on 19th September, 2023.

¶7In the circumstances therefore, it is claimed that the petitioner would be entitled to post retirement dues as he continued to serve the department uninterruptedly for more than 10 years.

¶8Learned counsel for the petitioner has further placed reliance upon an order of co-ordinate Bench of this Court passed in Writ - A No.- 6140 of 2023 on 10.4.2023 wherein the claim of identically placed one employee, Sarish Kumar Singh has been allowed. He submits that concerned District Magistrate may be directed to consider their grievance may be considered.

¶9Learned Standing Counsel submits that the matter can be directed to be examined by the District Magistrate concerned strictly in accordance with law if the petitioners approached the authority by filing a fresh representation.

¶10In view of the above, the petition stands disposed of with direction to the petitioners to move representation before the District Magistrate concerned within a period of three weeks who shall look into and consider the grievance of the petitioners strictly in accordance with law and dispose of the same after giving reasonable opportunity of hearing to the petitioners.

¶11It is further provided that in the event petitioners are held entitled to post retirement dues, the same shall be paid to them within the next 30 days of taking decision by the authority.

¶12It is expected that the authority shall do the needful as directed above within the period of two months of the production of certified copy of this order. Order Date :- 16.10.2023 Deepika High Court of Judicature at Allahabad