S.S. Chauhan, J. - (1.) SINCE the common question of facts and law are involved in these petitions, therefore, they are being taken up together and decided by a common judgment.
(2.) THE petitioners have filed these petitions with a prayer of mandamus commanding the opposite parties to pay the pension and other pensionary benefits to the petitioners with interest at the rate of 18% and further opposite party No. 3 be commanded to send the pension papers of the petitioners to the Director Pension, Pension Directorate, Lucknow. The facts in short are that Mirza Athar, petitioner of Writ Petition No. 7728 (SS) of 1996 was appointed on the post of Conductor in the erstwhile U.P. Government Roadways on 1.11.1951. The petitioner thereafter was promoted on the post of Junior Clerk in the office of the Assistant General Manager, Charbagh, Lucknow on 7.9.1958. The services of the petitioner were regularised against the existing permanent post vide office order dated 3.3.1961. The petitioner was thereafter promoted on the post of Senior Clerk in the office of the Assistant Regional Manager on 8.4.1986. The petitioner retired from service on attaining the age of superannuation while working as Senior Clerk on 31.10.1991. After his retirement the petitioner was denied pension.
(3.) SIMILARLY , Hardwar Singh Rathore, petitioner of Writ Petition No. 3720 (SS) of 2002 was appointed on the post of Assistant Traffic Inspector in the erstwhile U.P. Government Roadways in the month of October, 1966 and was posted at Gonda Depot. On 1.6.1972 the U.P. State Road Transport Corporation (for short ' the Corporation') was established and after establishment of the Corporation the persons, who were working in the Roadways, were transferred to the services of the Corporation. Thereafter the petitioner started working and discharging his duties on the post of Assistant Traffic Inspector in the Corporation in Lucknow Region. The petitioner thereafter was promoted on the post of Traffic Inspector on 5.5.1978. On 29.9.1987 the Deputy General Manager, Madhya Zone issued an order that persons, who are working on the post of Traffic Inspector, Grade -I now are being posted on the post of Junior Station In -charge as in view of the order dated 5.5.1978 the post of Traffic Inspector, Grade -I and Junior Station In -charge are equivalent post of the same cadre and further the said order provides that name of the persons mentioned in the order dated 29.9.1987 are treated to be senior of the persons, who are promoted to the post of Junior Station In -charge on 5.5.1978 in the seniority list of Junior Station In -charge (Class -III) in the Corporation. The petitioner retired from service on attaining the age of superannuation while working as Junior Station In -charge on 31.7.1992. After his retirement the petitioner was denied pension. Hence these writ petitions.;