Court No. - 22 Case :- SERVICE SINGLE No. - 207 of 2007 Petitioner :- Syed Ibad Hasan Respondent :- State Of U.P. Thru Prin.Secy. Transport & 7 Ors. Petitioner Counsel :- D.K. Upadhyay,Shobhit Mohan Shukla Respondent Counsel :- C S C,Smt. T. Sombanshi Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the parties.
The present writ petition has been filed claiming parity with the judgment
rendered in Writ Petition No.3224 (SS) of 2006, Shri Narain Pandey vs. State
of Uttar Pradesh and others.
The sole question involved in this petition is as to whether the petitioner
would be entitled for pension or not. The facts are not disputed so far parity is
being claimed by the petitioner with Shri Narain Pandey.
Learned counsel for the petitioner submits that the matter has attained finality
and this Court has come to the conclusion that petitioner of Writ petition
No.3224 (SS) of 2006 was entitled for pension.
The case of the petitioner is squarely covered by the aforesaid decision and,
therefore, this Court is of the view that the petitioner is also entitled for the
same benefit and the impugned orders cannot be sustained in law and are
liable to be quashed.
Writ petition is accordingly allowed and a writ in the nature of certiorari is
issued quashing the orders dated 19.7.2006, 1.8.2006 and 9.11.2006. The
opposite parties are directed to provide pension to the petitioner in pursuance
to the aforesaid judgment. The pension shall be paid to the petitioner after
calculating the amount, whichever is due from the said date.
Order Date :- 30.7.2010
Rao/-