TARUN AGARWALA,J. - (1.) HEARD Mr. Pankaj Miglani, the learned counsel assisted by Mr. Lalit Miglani, the learned counsel for the petitioners and Mr. P. C. Bisht, the learned brief holder for the State.
(2.) THIS group of petitions raise a common question and, accordingly, all the petitions are being decided together. In Writ Petition No.401 of 2005 (S/S), the petitioner contended that he was appointed initially in the year 1980 on a daily wage basis/muster roll basis in Jal Vighyan Khand-I, Bahadrabad and worked in the capacity of a mate. After more than 17 years of continuous service, the petitioner was appointed in the work charge establishment on 08.12.1987 and, also worked continuously without any break in service. Subsequently, pursuant to the State Government's policy to regularize the services of the workers working in the work charge establishment, the services of the petitioner was regularised by an order dated 07th August, 1998 and the petitioner was given a pay scale of Rs.2610-3540. Pursuant to the order of regularisation, the petitioner started working on a regular post and worked continuously till he retired on 30th June, 2005. Upon retirement, the petitioner made a representation for payment of pension on the ground that he had worked for more than 24 years of continuous service. The said representation was rejected by an order dated 01 st March, 2005 on the ground that he was not entitled for pension and that the period spent on muster roll and in the work charge establishment could not be counted in the qualifying service. The petitioner, being aggrieved, has filed the writ petition for the quashing of the order dated 01 st March, 2005 and also prayed that his pension and other post retiral benefits be released alongwith interest @ 18 % per annum. The petitioner has also prayed for declaring Regulation 370 (ii) of the Civil Service Regulations (hereinafter referred to as 'C.S.R.') as ultravires the Constitution of India.
(3.) IN Writ Petition No.31 of 2006 (S/S), the petitioner contended that in March, 1967 he was appointed as a Nayab Munshi in the Irrigation Department and worked in the work charge establishment. By an order dated 22nd April, 1994, the petitioner was appointed in the regular establishment and, subsequently, by an order dated 31 st March, 1997, the services of the petitioner was regularised pursuant to the policy of the State Government to regularise the services of the employees working in the irrigation department. The petitioner was, accordingly, given a regular pay scale of Rs.950-1500 and worked continuously without any break in service till he retired from service on 31 st January, 2000. The petitioner applied for payment of pension and other post retiral benefits alleging that he had worked for more than 34 years continuously without any break in service. The said application of the petitioner was rejected by an order dated 26th July, 2000 on the ground that there was no provision for giving pension as the petitioner had not completed 10 years of qualifying service in the regular establishment. The petitioner, being aggrieved, has filed the present writ petition praying for the quashing of the order dated 26th July, 2000 and further praying that he should be paid the pension and other post retiral benefits alongwith interest @ 18% per annum. The petitioner has also prayed for declaring Regulation 370 (ii) of the C.S.R. as ultravires the Constitution of India.;