Court directs reconsideration of regularisation claim impacting post-retirement benefits for retired government employee.
In a significant judgment, the Allahabad High Court, Lucknow Bench, has quashed an order rejecting the claim for regularisation of services for Bhanu Shanker Dwivedi, a retired government employee. The court has directed the District Magistrate, Unnao to reconsider the petitioner's claim within six weeks, acknowledging the potential impact on post-retirement benefits and entitlements.
The petitioner, Bhanu Shanker Dwivedi, who served as a Seasonal Collection Amin since February 2, 1989, sought regularisation of his services prior to his superannuation on September 30, 2024. Despite identical cases being approved within the department, the District Magistrate rejected Dwivedi's request solely based on his retirement status.
Justice Shree Prakash Singh, presiding over the case, highlighted that the rejection of regularisation claims based solely on retirement status neglects legal provisions and established precedents. The judgment emphasized that such claims, if raised prior to retirement, should not be dismissed merely due to the retirement of the petitioner, as this could adversely affect post-terminal benefits and other entitlements.
The court pointed out that the petitioner’s name appeared at serial number 90 in the seniority list, and no junior employee had been regularised ahead of Dwivedi. The court found that the rejection order lacked proper consideration of relevant laws and was thus erroneous.
Citing the Uttar Pradesh Recruitment of Dependents of Government Servant (Dying-in-Harness) Rules, 1974, the judgment underscored the legality of regularisation under these rules, even post-retirement, if the claim was raised timely. The court quashed the impugned order dated December 17, 2024, and mandated a fresh evaluation of Dwivedi's claim by the District Magistrate.
This judgment sets a precedent for similar cases, ensuring that retirement does not nullify valid claims for regularisation raised in compliance with applicable rules. The decision reinforces the judiciary's role in safeguarding rights related to employment benefits and entitlements.
Bottom Line:
Claim for regularisation raised prior to retirement cannot be rejected solely on the ground of superannuation as it impacts post-terminal benefits and other entitlements.
Statutory provision(s): Uttar Pradesh Recruitment of Dependents of Government Servant (Dying-in-Harness) Rules, 1974.
Bhanu Shanker Dwivedi v. State of U.P, (Allahabad)(Lucknow) : Law Finder Doc id # 2849023
