Court No. - 30 Case :- WRIT - A No. - 7389 of 2007 Petitioner :- Om Prakash Sharma Respondent :- State Of U.P. And Others Petitioner Counsel :- Shyam Sunder Mishra Respondent Counsel :- C.S.C.,Ved Vyas Mishra Hon'ble Rakesh Sharma,J.
Hon’ble Rajesh Dayal Khare,J.
Heard learned counsel for the petitioner.
The case has been taken up in the revised list. Till now no counter affidavit
has been filed although the writ petition is pending since February 2007.
Learned counsel for the petitioner has raised grievance that despite the
retirement of petitioner on attaining the age of superannuation on 3rd June,
2006, retiral benefits have not been made available to the petitioner. The
services rendered in the institution have to be taken into account for the
purposes of settlement of pension and other post retirement benefits. It
appears that except the last two years services the previous services have to be
counted for the purposes calculating pension and other benefits. Since the
petitioner is suffering due to non-payment of pension etc., it would be
appropriate if an exercise is carried out to take into account undisputed
services rendered by the petitioner in the educational institution and settle his
pension and other benefits on that basis. As far as the disputed period of two
years’ services is concerned, the advantage of the same may be allowed to the
petitioner and benefits arising out of the same shall be made available to the
petitioner subject to decision of the writ petition. The pension and other retiral
benefits shall be calculated and shall be made available within three weeks
from the date of production of a certified copy of order passed by this Court.
These payments shall be subject to the order passed by this Court.
Order Date :- 13.7.2010