JAGPAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel.

(2.) The petitioner has approached this Court by filing the present writ petition with the following main prayers:- "Issue a writ, order or direction in the nature of mandamus thereby directing/commanding the opposite parties to consider and pay all the services benefits to the petitioner since the date of his initial engagement/appointment in the Department. Issue a writ, order or direction in the nature of mandamus thereby commanding/directing the opposite parties to count the entire length of service of the petitioner since the date of his initial appointment for the purposes of all services benefits with the arrears of his salaries including consequential benefits after counting the same in accordance with directions of Hon'ble Supeme Court in Habib Khan Vs. State of Uttrakhand & Others. That this Hon'ble Court be pleased to issue a writ of certiorari or any other appropriate writ to quash and set aside the Regulation 370 of the Civil Service Regulation (CSR) on account of being ultravires, because the provisions of Industrial Employment (Standing Orders) Act, 1946 read with Model Standing Orders have also been overlooked by the State and also beccause, Irrigation Department is the Industrial Establishment under the Industrial Disputes Act, 1947"

(3.) Learned counsel for the petitioner submits that in an identical case, a Division Bench of this Court has passed an order on 12.09.2019, which reads as under : "Heard Shri Rakesh Kumar, learned counsel for the petitioners and Shri Manish Mishra learned Standing Counsel for the respondents-State. By this writ petition, the petitioners are praying for issuance of writ of mandamus directing the respondents to provide them pensionary and other post retiral benefits by counting their service rendered into the work charge establishment as qualifying service for the said purposes.