Mahendra Pal Singh vs State of U.P.

Ritu Raj Awasthi, J.—Notice on behalf of the opposite parties, has been accepted by the learned Chief Standing Counsel.

Heard learned Counsel for the Petitioners as well as the learned Standing Counsel and perused the record.

With the consent of counsel for the parties, the writ petition is finally disposed of at the admission stage.

The present writ petition has been filed for issuing a direction to the opposite parties to treat the Petitioners as Government servants and pay them all service benefits and post retiral dues including pension etc.

The Petitioners have also prayed that they should be given the benefit of the judgment and order dated 19.11.2010, passed in Special Appeal No. 187 of 2009, State of U.P. and Ors. v. Chandra Prakash Pandey and others.

It is submitted by the learned Counsel for the Petitioners that the Petitioners were appointed on the post of Kurk Amins by the District Magistrate during the period 1965 to 1984. Initially the appointments of the Petitioners were made in the certain pay scales, however, subsequently in the year 1979, the opposite parties had passed the order that all the Kurk Amins shall work on commission basis. Challenging the aforesaid decision various writ petitions were filed in the High Court, which were allowed holding that the Petitioners are entitled to be paid regular pay scale treating them to be the Government servants. The matter went up to the Supreme Court in the case of State of U.P. and Others Vs. Chandra Prakash Pandey and Others Etc., wherein by the judgment and order dated 20.3.2001, the S.L. Ps. filed by the State Government were dismissed upholding the judgment and order of the High Court that the Petitioners shall be treated to be the Government servants. Thereafter the State Government framed U.P. Cooperative Collection Fund and the Amin and Other Staff Service Rules, 2001, which came into force on 30.10.2002. The said rules were challenged by Sri Chandra Prakash Pandey and Ors. by filing Writ Petition No. 7326 (SS) of 2004, which writ petition was allowed by the judgment and order dated 25.11.2008, with the direction that the Respondents shall consider the entitlement of the Petitioners for appropriate pay scales with all other benefits w.e.f. 1.1.1986 and 1.1.1996 and onwards, treating the appointment on the post of Kurk Amins in the pay scale of Rs. 354-550 and Sahyogi to Kurk Amins in the pay scale of Rs. 305-350 w.e.f. 30.6.1984 and 8.6.1999, respectively with all the consequential benefits.

Challenging the said judgment and order a Special Appeal No. 187 of 2009, State of U.P. and Ors. v. Chandra Prakash Pandey and othersas well as certain other special appeals on the same grounds were filed by the State Government. By the judgment and order dated 19.11.2010, the Special Appeal No. 187 of 2009 and other connected special appeals were heard and dismissed with the following directions.

We further provide that the Respondents shall be paid the entire arrears of salary by fixing their pay in pay scales, as provided to Kurk Amins of the Revenue Department, giving benefit of revision of pay scales, as might have been done during this period. They shall also be considered for grant of selection grade in accordance with law and rules, and shall, on attaining the age of superannuation, be paid post retiral dues including pension by counting the period of service they have rendered as Kurk Amins prior to the enforcement of Rules, 2002. Those Kurk Amins, who have already retired, shall be given the difference of pay as arrears of salary and post-retiral dues including pension by re-fixing their pay scales accordingly. This shall be done within a maximum period of three months from the date of production of a certified copy of this order.

The amount deposited in Court by the Appellants towards arrears of pay of the Respondents shall be allowed to be withdrawn by the Respondents. The balance amount shall be paid to them as per the directives given above.

Learned Counsel for the Petitioners submits that the Petitioners have already retired from the post of Kurk Amins, however, they are entitled to get the arrears of salary and other pensionery benefits, treating them to be the Government servants in view of the law laid down by this Court in the judgment and order dated 19.11.2010.

The learned Standing Counsel does not dispute the aforesaid legal position. In view of the above, the writ petition is allowed.

The opposite parties are directed to treat the Petitioners as Government servants and pay them all the service benefits and post retiral dues, including the pension etc., within a period of six months from the date of receipt a certified copy of this order.