DEVI PRASAD SINGH, J. - (1.) EMPLOYEES of Development Authorities through its Association and in personal capacity, who were holding various posts including Finance Advisor, Chief Engineer, Chief Town Planner, Executive Engineer, Assistant Engineer and Junior Engineer, etc., have approached this Court under Article 226 of the Constitution of India, thereby claiming post retiral benefits including regular pension at par with the Government employees. Some of the petitioners are employees of various departments of State of U.P., State owned Corporations, Public Undertakings, Municipalities etc., appointed in pursuance of provisions contained in sub-section 2 of Section 5 of U.P. Urban Planning and Development Act, 1973 (in short Act). Their services were later on, absorbed as the members of Centralised Services created under the U. P. Development Authorities Centralised Service Rules, 1985 (in short Centralised Service Rules) which came into force with effect from 25.6.1985 under Section 5(A) of the Act.
(2.) UNDER the Act, following categories of persons have been appointed in Development Authorities of the State namely: 1. Officers appointed under subsection (1) of Section 5 of the Act on the post of Secretary and Chief Accounts Officer of the Development Authorities. 2. Officers/employees appointed under sub-section (2) of Section 5 of the Act by the Development authorities in required number and designation in appropriate grade. 3. The employees or officers initially appointed against pensionable post in various departments of State of U.P., State owned Corporation and Public Undertakings, having served as such for some period and later on, appointed as Officers in various Development Authorities under Section 5 (2) of the Act. 4. The employees and officers appointed under the Development Authorities later on, were absorbed in Centralised Service. Persons appointed under sub-section (3) and (4) of Section 59 of the Act. Out of 4 categories, all employees and officers appointed in pursuance of subsection (1) of Section 5, sub-section (3) and (4) of Section 59 of the Act, have been paid pension except the petitioners who fall within the second category i.e., appointed in pursuance of powers conferred by subsection (2) of Section 5 of the Act.
(3.) EVEN some of the employees falling in the present categories, are being paid pension in pursuance of the orders passed by this Court. Smt. Rita Bhatnagar wife of late Anil Bhatnagar is being paid pension in pursuance of the order dated 13.12.2001 passed in Civil Misc. Writ Petition No.42495 of 2001. Sri Girija Shanker Mishra from all Centrallised Service, is being paid pension in pursuance of the Government order dated 12.9.2003. In pursuance of the Government order dated 29.9.1983, the all class-III and class-I employees of Development Authorities have been sanctioned pension by the respective Development Authorities.;