The Allahabad High Court has sought a response from the Uttar Pradesh government in three weeks in the matter of regularisation of service of Hakeem Dr Parwaz Ulum.
A single-judge bench of Justice Jayant Banerji passed this order while hearing a petition filed by Hakeem/Dr Parwaz Ulum.
By means of the writ petition, the petitioner has challenged the office memorandum dated 02.12.2021 whereby the claim for regularisation of the petitioner has been denied for the reason that he retired on 31.08.2020.
The contention of the petitioner is that by means of a judgment dated 18.02.2021, the order dated 10.10.2012 passed by the respondent concerned rejecting his claim for regularisation was quashed and the matter was remitted to the State Government to consider the petitioner’s claim for regularisation in light of the aforesaid judgment passed by the Court as well as the order passed by the State Government on 30.11.2015.
The petitioner also claims provisional pension in terms of Regulations 919-A (1) and (2) of the Civil Service Regulations.
“A perusal of the impugned office memorandum/order itself reveals that the petitioner retired on 31.08.2020, i.e, prior to the aforesaid judgment passed by the Court on 18.02.2021. It is also not known whether the factum of the petitioner’s retirement on 31.08.2020 was brought to the notice of the Court in the writ petition of 2017 aforesaid.
Under the circumstances, the interim relief sought for provisional pension cannot be granted to the petitioner,” the Court observed.
The Court granted for the respondents three weeks’ time to file a counter affidavit and rejoinder affidavit, if any, may be filed within one week thereafter.
The Court has fixed the next hearing of the petition on October 16, 2022.