TIRATH RAM MISHRA Vs. STATE OF U.P.
LAWS(ALL)-2019-9-290
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on September 24,2019

Tirath Ram Mishra Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

ANIL KUMAR, J. - (1.) Heard learned counsel for the petitioner and learned Standing Counsel.
(2.) The petitioner, who is retired employee, has approached this Court by filing the present writ petition with the following main prayes : "Issue a writ, order or direction in the nature of certiorari for quashing and setting aside the order passed by opposite party no.3 dated 25.03.2019. Issue a writ, order or direction in the nature of mandamus thereby directing/commanding the opposite parties to consider and pay all the service 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 service benefits with the arrears of his salaries including consequential benefits after counting the same in accordance with directions of Hon'ble Supreme Court in Habib Khan vs. State of Uttrakhand and Ors. Issue a writ of certiorari 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 becuase, 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. ;


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