Court No. - 6 Case :- SERVICE SINGLE No. - 5223 of 2010 Petitioner :- Krishna Kumar And Others Respondent :- The State Of U.P. Through Principal Secy.Irrigation Dept. Petitioner Counsel :- A.M.Tripathi Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Issue notice.
Notice on behalf of opposite parties has been accepted by learned Chief
Standing counsel, who prays for and is allowed six weeks’ time to file counter
affidavit. Four weeks’ time thereafter is allowed to learned counsel for the
petitioners to file rejoinder affidavit.
List and connect with writ petition No.s 3621 (S/S) of 2009, 6995 (S/S) of
2008 and 2064 (S/S) of 2009.
By means of this writ petition, the petitioners have prayed that the opposite
parties be commanded not to compel them to fill up the form of Contributory
Pension Scheme in pursuance of the order dated 14.8.2008 as contained in
Annexure No.1 to the writ petition for the reasons that they were appointed in
the year 1986, 1987, 1988, 1989, 1990 and 1992 respectively and in issuance
of the regularization rules known as ‘The Uttar Pradesh Tube-well Operators
(First Amendment) Rules, 2008, their services have been regularized on
10.9.2008 treating them to be employees of the Irrigation Department. Since
erstwhile persons, who were working as part-time Tube-well Operators, were
treated to be continuing in service, as such, now directing them to fill up the
form of Contributory pension Scheme on the face of it, is unjustified. It has
been argued that the pensionary benefits, which were available to the
petitioners, will come to an end at the time of filing up of the form in
question.
Prima facie, a case of interim relief is made out.
Let the things be as they are, taking into account the submissions of the
learned counsel for the petitioners and the learned Standing counsel, it is
hereby provided that the petitioners will not be compelled to fill up the form
of Contributory Pension Scheme, till further orders of this Court.
Order Date :- 29.7.2010
RKM.