Period Of Service In Undivided Uttar Pradesh Liable To Be Counted As Continuity Of Service For Pension: Allahabad High Court

The Allahabad High Court has held that the period of service in Government Polytechnic, Sri Nagar, Garhwal in the undivided State of Uttar Pradesh before its division in 1997 must be counted as continuity in service for the purpose of computation retiral benefits, especially pension.

Initially, the petitioner was appointed as 'Auto/Motor Mechanic' at Government Polytechnic, Sri Nagar, Garhwal where he continued till a fresh appointment was made as Anudeshak Motor Mechanic in Government Polytechnic, Jhansi in the same capacity. After retiring in 2015, the petitioner claimed retiral dues which were withheld by the authorities.

Counsel for the petitioner argued that the petitioner had 10 years of satisfactory service for pension. Even though an adverse entry was made, it was later expunged by competent authority. It was argued that the Government Order dated 30.6.1993 provides that if an adverse entry is made and there is no further adverse entry for 5 years, such adverse entry would be ignored for computing future benefits.

The Court observed that once the adverse entry had been expunged, the order of the competent authority had become final and the entire period of service of the petitioner ought to have been considered for computing pension.

“State Government should have recognized the period of service rendered by the petitioner under the State Government of Uttrakhand/Uttaranchal as the petitioner had been appointed in the year 1997 in the Government Polytechnic, Sri Nagar, Garhwal, when the said Polytechnic was within the State of Uttar Pradesh before its division in two States in the year 1999. The said period, accordingly, is held liable to be counted towards continuity of service for the purposes of post-retirement dues especially pension,” held Justice Ajit Kumar.

Accordingly, the Court directed the respondent to compute the pension of the petitioner including the period of service rendered prior to the division of the State of Uttar Pradesh along with interest at the rate of 8% from the date of pension because due till the actual date of payment.

Case Title: Ram Narayan Kashyap vs. State Of U.P. And 4 Others 2024 LiveLaw (AB) 180 [WRIT - A No. - 37974 of 2015]

Case citation: 2024 LiveLaw (AB) 180

Click Here To Read/Download Order