JAIDEV SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Petitioner has approached this Court praying for writ of Mandamus commanding the respondents to give all the retiral benefits including gratuity and regular pension under U.P. Palika (Centralized) Services Retirement Benefit Rules, 1981 (herein after referred to as Rules of 1981) by counting his past services rendered before his regularization. Petitioner was appointed as a daily wager on class III post as Clerk on 25/9/1990. He got regularized on 3/1/2006 and retired on 30/6/2022.

(2.) Learned counsel for the petitioner submits that the petitioner is entitled for post retiral benefits as per Rule 2(10) of the Rules of 1981 which provides retiral benefits as per Article 368 of Civil Services Regulation. Rule 2(10) of Rules of 1981 reads as:

(3.) Learned counsel for the petitioner places reliance upon the judgment of Division Bench of this Court in Special Appeal No.97 of 2021 (State of U.P. and Others Vs. Bhanu Pratap Sharma), judgment of a Single Judge bench in the case of Writ-A No.8968 of 2022 (Dr. Shyam Kumar Vs. State Of U.P.) and a judgment of three Judges Bench of Supreme Court in case of Prem Singh vs. State of U.P. and others, (2019) 10 SCC 516 which considered entitlement for pension and read down provisions of Uttar Pradesh Retirement Benefits Rules, 1961 and the Civil Services Regulation. The relevant paragraphs of the judgment in case of Prem Singh (Supra) reads: