High Court

Applicant :- Hanoman Prasad Opposite Party :- Shri Alok Kumar, Prin. Secy. Deptt. Of Khadi And Village Industries Board, Govt. Of U.P. Lko. Counsel for Applicant :- Ashok Shukla,Amit Kumar Verma Counsel for Opposite Party :- Pankaj Patel,Pankaj Patel Hon'ble Rajeev Singh,J.

1. Heard Sri Ashok Shukla, learned counsel for the applicant, Sri Sanjay Bhasin, Senior Advocate assisted by Sri Pankaj Patel, learned counsel for the respondent.

2. Learned counsel for the applicant submits that applicant and other similarly situated 26 persons, namely, Dharam Pal Singh, Pradeep Kumar Mishra, Ramesh Babu Pandey, Brijesh Kumar Tripathi, Kaptan Singh, Radhey Shyam Kushwaha, Om Prakash, Rajendra Prasad Srivastava, Ramesh Chandra Mishra, Om Prakash Srivastava, Jag Prasad, Ram Narayan Yadav, Mansha Ram, Tufail Ahmed, Vimal Kumar Dikshit, Bhrigu Nath Chaudhary, Ramavatar Gupta, Har Pal Singh, Om Prakash, Ram Jeevan, Ramakant Verma, Jaikaran, Durga Prasad Pandey, Ramdas, Hafizul Rehman & Mahesh Pal were engaged in the department, thereafter, they all were regularized on 19.10.2007. He further submits that applicant attained the age of superannuation on 31.07.2022 but his earlier services were not being counted, therefore, he was being deprived of retiral benefits, like pension, gratuity, leave encashment, etc.

3. Learned counsel for the applicant submits that all the aforesaid 26 persons were also retired but their earlier services before the date of regularization were counted for qualifying services to give regular pension under the Old Pension Scheme, then applicant preferred Writ A No.4264 of 2024, which was disposed of on 29.05.2024 with the observation that opposite party no.3 has already passed the order, while deciding the representation of the applicant and it has been observed that the matter is pending consideration before the opposite party no.1- Principal Secretary, Department of Khadi and Village Industries Board, Govt. of U.P., Civil Secretariat, Lucknow and aforesaid officer was also directed to consider and decide the matter, which is pending before him, within a period of six weeks, considering the averments made in paragraph 25 of the paper book.

4. The order dated 29.05.2024 passed by the writ Court in Writ A No.4264 of 2024 reads as under :-

1. Heard learned counsel for the petitioner, Sri Pankaj Patel, counsel for opposite party no. 2 and Sri Piyush Kumar, counsel for opposite party nos. 1 and 3. 2. Instant petition has been filed with following reliefs:- "i) Issue an order, direction or writ in the nature of Mandamus commanding the opposite parties to make the payment of retiral claims of the petitioner such as pension. commutation, GIS, Gratuity, leave encashment etc. with interest thereon @ 18% p.a. w.e.f. 01.08.2022 the date on which these were due till the date these are actually paid. ii) Issue any other order, direction or writ which this Hon'ble Court may deem just and proper in the facts and circumstances of the case of the petitioner, including costs of petition in favour of the petitioner." 3. The contention of learned counsel for the petitioner is that earlier also the petitioner approached this Court, wherein, the order was passed on 07.11.2023 in Writ A No. 4901 of 2023, whereafter, decision is taken by the opposite party no. 3 which is evident that the matter is pending consideration before opposite party no. 1. 4. Adding his arguments, he submits that the identically situated employees namely, Dharampal including other 25 employees (whose names are transcribed in para 25 of the paper book) of the department concerned, have already been granted the benefits, but the petitioner is being deprived of, therefore, submission is that the opposite party no. 1 may be directed to take decision with respect to payment of retiral claims of the petitioner such as pension, commutation, GIS, Gratuity, leave encashment etc. with the interest @ 18% p.a. w.e.f. 01.08.2022, within stipulated period of time as may be fixed by this Court. 5. On the other hand, counsel for opposite party no. 2 submitted that the decision has already been taken by the opposite party no. 2 and nothing is pending consideration before him. 6. Considering the submissions of counsel for the parties and after perusal of material placed on record, it transpires that opposite party no. 3 has passed the order, while deciding the representation of the petitioner and it has been observed that the matter is pending consideration before opposite party no. 1. 7. In view of the aforesaid innocuous prayer and without entering into the merit of the case, the opposite party no. 1 is hereby directed to consider and decide the matter which is pending before him, within period of six weeks, considering the averments made in paragraph '25' of the paper book. 8. With the aforesaid observations, the writ petition is disposed of.

5. Learned Counsel for the applicant submits that the order of the Writ Court was not complied with then applicant preferred present contempt application. He further submits that application for discharge of the contempt notice along with the affidavit of compliance dated 19.09.2024 was filed by opposite party no.1- Shri Alok Kumar, Principal Secretary, Department of Khadi and Village Industries, Govt. of U.P., Lucknow was filed stating therein that the decision has already been taken in the case of applicant on 11.09.2024 and applicant was regularized vide order dated 19.10.2007 and attained the age of superannuation on 31.07.2022, therefore, his regular services will be counted for the said period only and on the point of calculation of pension, his case will be subject to the decision of the Writ Petition No.1458 of 2020 pending before the Hon'ble Supreme Court, thereafter, another affidavit of compliance dated 21.10.2024 was filed by the aforesaid officer enclosing the letter dated 03.09.2024, written by Shri Brijesh Kumar, Under Secretary, Govt. of U.P., Lucknow stating therein that regular services of the applicant will be counted from the date of regularization upto the date of retirement, therefore he is not entitled for regular pension.

6. Learned counsel for the applicant also submits that applicant filed supplementary affidavit on 18.11.2024, reproducing the paragraph 25 of the writ petition stating therein that aforesaid 26 persons are being paid regular pension as their regularization and date of superannuation are identical. He further drew attention of this Court on the rejoinder affidavit filed on 22.05.2025 enclosing a letter obtained under the Right to Information Act from the Information Officer of the concerned department dated 22.04.2025, in which, it is admitted that the persons who were regularized after the applicant and have been superannuated are also getting the regular pension by giving the benefit of qualifying services prior to the date of regularization.

7. Sri Sanjay Bhasin, learned counsel for the respondent submits that direction was issued for taking decision and decision has already been taken.

8. As specific question is asked, as to whether, other persons those were similarly situated to the applicant are getting pensionary benefits or not, he requested for some time to file comprehensive affidavit.

9. List this case on 11.8.2025 within top ten cases.

10. By the next date of listing, respondent no.2 is directed to file fresh affidavit of compliance stating therein status of 26 persons whose names are mentioned in para-25 of the writ petition as well as persons those names found place in the list who have been regularized in the year 2018 they are also getting pensionary benefits by extending the benefits of qualifying service prior to the date of regularization, which is provided by the Information Officer of the Department, failing which, he shall appear before this Court. Order Date :- 15.7.2025 GauraV/-

Applicant :- Hanoman Prasad Opposite Party :- Shri Alok Kumar, Prin. Secy. Deptt. Of Khadi And Village Industries Board, Govt. Of U.P. Lko. Counsel for Applicant :- Ashok Shukla,Amit Kumar Verma Counsel for Opposite Party :- Pankaj Patel,Pankaj Patel Hon'ble Rajeev Singh,J.

1. Heard Sri Ashok Shukla, learned counsel for the applicant, Sri Sanjay Bhasin, Senior Advocate assisted by Sri Pankaj Patel, learned counsel for the respondent.

2. Learned counsel for the applicant submits that applicant and other similarly situated 26 persons, namely, Dharam Pal Singh, Pradeep Kumar Mishra, Ramesh Babu Pandey, Brijesh Kumar Tripathi, Kaptan Singh, Radhey Shyam Kushwaha, Om Prakash, Rajendra Prasad Srivastava, Ramesh Chandra Mishra, Om Prakash Srivastava, Jag Prasad, Ram Narayan Yadav, Mansha Ram, Tufail Ahmed, Vimal Kumar Dikshit, Bhrigu Nath Chaudhary, Ramavatar Gupta, Har Pal Singh, Om Prakash, Ram Jeevan, Ramakant Verma, Jaikaran, Durga Prasad Pandey, Ramdas, Hafizul Rehman & Mahesh Pal were engaged in the department, thereafter, they all were regularized on 19.10.2007. He further submits that applicant attained the age of superannuation on 31.07.2022 but his earlier services were not being counted, therefore, he was being deprived of retiral benefits, like pension, gratuity, leave encashment, etc.

3. Learned counsel for the applicant submits that all the aforesaid 26 persons were also retired but their earlier services before the date of regularization were counted for qualifying services to give regular pension under the Old Pension Scheme, then applicant preferred Writ A No.4264 of 2024, which was disposed of on 29.05.2024 with the observation that opposite party no.3 has already passed the order, while deciding the representation of the applicant and it has been observed that the matter is pending consideration before the opposite party no.1- Principal Secretary, Department of Khadi and Village Industries Board, Govt. of U.P., Civil Secretariat, Lucknow and aforesaid officer was also directed to consider and decide the matter, which is pending before him, within a period of six weeks, considering the averments made in paragraph 25 of the paper book.

4. The order dated 29.05.2024 passed by the writ Court in Writ A No.4264 of 2024 reads as under :-

1. Heard learned counsel for the petitioner, Sri Pankaj Patel, counsel for opposite party no. 2 and Sri Piyush Kumar, counsel for opposite party nos. 1 and 3. 2. Instant petition has been filed with following reliefs:- "i) Issue an order, direction or writ in the nature of Mandamus commanding the opposite parties to make the payment of retiral claims of the petitioner such as pension. commutation, GIS, Gratuity, leave encashment etc. with interest thereon @ 18% p.a. w.e.f. 01.08.2022 the date on which these were due till the date these are actually paid. ii) Issue any other order, direction or writ which this Hon'ble Court may deem just and proper in the facts and circumstances of the case of the petitioner, including costs of petition in favour of the petitioner." 3. The contention of learned counsel for the petitioner is that earlier also the petitioner approached this Court, wherein, the order was passed on 07.11.2023 in Writ A No. 4901 of 2023, whereafter, decision is taken by the opposite party no. 3 which is evident that the matter is pending consideration before opposite party no. 1. 4. Adding his arguments, he submits that the identically situated employees namely, Dharampal including other 25 employees (whose names are transcribed in para 25 of the paper book) of the department concerned, have already been granted the benefits, but the petitioner is being deprived of, therefore, submission is that the opposite party no. 1 may be directed to take decision with respect to payment of retiral claims of the petitioner such as pension, commutation, GIS, Gratuity, leave encashment etc. with the interest @ 18% p.a. w.e.f. 01.08.2022, within stipulated period of time as may be fixed by this Court. 5. On the other hand, counsel for opposite party no. 2 submitted that the decision has already been taken by the opposite party no. 2 and nothing is pending consideration before him. 6. Considering the submissions of counsel for the parties and after perusal of material placed on record, it transpires that opposite party no. 3 has passed the order, while deciding the representation of the petitioner and it has been observed that the matter is pending consideration before opposite party no. 1. 7. In view of the aforesaid innocuous prayer and without entering into the merit of the case, the opposite party no. 1 is hereby directed to consider and decide the matter which is pending before him, within period of six weeks, considering the averments made in paragraph '25' of the paper book. 8. With the aforesaid observations, the writ petition is disposed of.

5. Learned Counsel for the applicant submits that the order of the Writ Court was not complied with then applicant preferred present contempt application. He further submits that application for discharge of the contempt notice along with the affidavit of compliance dated 19.09.2024 was filed by opposite party no.1- Shri Alok Kumar, Principal Secretary, Department of Khadi and Village Industries, Govt. of U.P., Lucknow was filed stating therein that the decision has already been taken in the case of applicant on 11.09.2024 and applicant was regularized vide order dated 19.10.2007 and attained the age of superannuation on 31.07.2022, therefore, his regular services will be counted for the said period only and on the point of calculation of pension, his case will be subject to the decision of the Writ Petition No.1458 of 2020 pending before the Hon'ble Supreme Court, thereafter, another affidavit of compliance dated 21.10.2024 was filed by the aforesaid officer enclosing the letter dated 03.09.2024, written by Shri Brijesh Kumar, Under Secretary, Govt. of U.P., Lucknow stating therein that regular services of the applicant will be counted from the date of regularization upto the date of retirement, therefore he is not entitled for regular pension.

6. Learned counsel for the applicant also submits that applicant filed supplementary affidavit on 18.11.2024, reproducing the paragraph 25 of the writ petition stating therein that aforesaid 26 persons are being paid regular pension as their regularization and date of superannuation are identical. He further drew attention of this Court on the rejoinder affidavit filed on 22.05.2025 enclosing a letter obtained under the Right to Information Act from the Information Officer of the concerned department dated 22.04.2025, in which, it is admitted that the persons who were regularized after the applicant and have been superannuated are also getting the regular pension by giving the benefit of qualifying services prior to the date of regularization.

7. Sri Sanjay Bhasin, learned counsel for the respondent submits that direction was issued for taking decision and decision has already been taken.

8. As specific question is asked, as to whether, other persons those were similarly situated to the applicant are getting pensionary benefits or not, he requested for some time to file comprehensive affidavit.

9. List this case on 11.8.2025 within top ten cases.

10. By the next date of listing, respondent no.2 is directed to file fresh affidavit of compliance stating therein status of 26 persons whose names are mentioned in para-25 of the writ petition as well as persons those names found place in the list who have been regularized in the year 2018 they are also getting pensionary benefits by extending the benefits of qualifying service prior to the date of regularization, which is provided by the Information Officer of the Department, failing which, he shall appear before this Court. Order Date :- 15.7.2025 GauraV/-