Court No. - 36 Case :- WRIT - A No. - 11411 of 2009 Petitioner :- Ram Awadh Yadav Respondent :- State Of U.P. And Others Petitioner Counsel :- Subhash Chandra Yadav,Shailendra Yadav Respondent Counsel :- C.S.C.,P.K. Bhardwaj Hon'ble Prakash Krishna,J.
List has been revised. None is present on behalf of the contesting respondent.
Learned Standing Counsel for the respondent nos. 1 to 5 is present. No
counter affidavit has been filed so far by any of the respondents.
The petitioner was working as Peon in Kanya Junior High School Haripur
Sujanganj District Jaunpur. He retired from service on 1-6-2000. The post
retiral benefits including pension etc. are not being paid by the respondents.
Learned counsel for the petitioner brought to the notice of the Court a
judgment delivered by this Court in Civil Misc. Writ Petition No. 19119 of
2001-Shobh Nath Vs. District Basic Education Officer, District Jaunpur and
others, dated 25-7-2002 wherein identical controversy was involved. Therein
also a dispute was raised that as the petitioner was employed on fixed term, he
was not treated as regular employee and, therefore, was denied pension and
family pension. This Court has held that initially the petitioner of that writ
petition was appointed on fixed pay of Rs. 750/- and thereafter he was
regularly appointed in the pay scale of Rs. 750-940. It has been held that the
petitioner was regularly employed and was entitled for pension, family
pension and other post retiral benefits. In the case on hand, a copy of service
book has been filed as Annexure-2 to the writ petition. A bare perusal of the
same would show that the appointment of the petitioner was regularised. This
being so, the petitioner is entitled to pension and other retiral benefits.
The writ petition is, therefore, allowed and the respondents are directed to
give pension and other retiral benefits to the petitioner preferably within a
period of one month from the date of production of certified copy of this
order.
Order Date :- 22.1.2010
ALS