GIRISH CHANDRA JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the present writ petitions, the petitioners are seeking writ in the nature of mandamus commanding the respondents to consider the claim of petitioners for post retiral benefits and sanction and release all post retiral benefits such as gratuity, leave encashment, commutation etc and regular pension and arrears with interest.

(2.) Facts leading to the case are that petitioners were engaged as daily wager/seasonal worker by the department in 1976-77 and they got regularized on 05.07.2015. They continued to serve the department for almost forty years and after serving the department for more than thirty years and they were made permanent in view of Regularization Rules of 2013. They retired from the department on 09.06.2017 and 15.09.2017 respectively. The petitioners were paid a minimum of pay band of Rs. 5200+1800 grade pay i.e. Rs.7000 plus dearness allowance but they were never given minimum of pay till they were permanent. In the year 2013, State Government framed Regularization Rules 2013 which have again been framed as per the direction of Hon'ble Apex Court. The 2013 Rules relate to regularization of the service of all the persons who have been initially appointed on daily wages in Group D posts before 29.06.1991, and were continuing in services on the date of commencement of the rules. Admittedly, petitioners had been working in the department since 01.04.1976 & 10.07.1977 and were continuing in service on the date of commencement of the rules. Now after retirement the petitioners are seeking retiral benefits in view of the facts that they rendered more than 10 years of continues service and they have not been paid retiral benefits.

(3.) Learned counsel for the petitioner would submit that the controversy involved in the present case is squarely covered by the decision rendered by the Hon'ble Apex Court in the case of " Prem Singh vs. State of Uttar Pradesh and others, 2019 10 SCC 516".