SHABIHUL HASNAIN, J. - (1.) THIS matter has been remanded back by a Division Bench of this Court, by an order passed in Special Appeal No. 6639 of 2009 State of U.P. vs. Sita Ram and another. The writ petition was allowed by Hon'ble Single Judge on 11.2. 2009. The State preferred the special appeal and the matter has been sent back.
(2.) DURING the course of argument, it was found that petitioner no. 2 Surendra Singh has already rendered qualifying service of ten years and therefore, his claim was adjudicated in his favour finally and he was found entitled for pensionary benefits on completion of qualifying service. So far petitioner no. 1 Sita Ram is concerned, his claim was allowed by Hon'ble Single Judge on the ground that he had been working for more than thirty seven years on the post of Seenchpal, though there was no existing post and therefore, he was entitled to have pensionary benefits.
(3.) IN special appeal, appellant- State argued that the petitioner no. 1 could not be given pensionary benefits as he did not have the required ten years of regular service to his credit.;