UMA SHANKAR SINGH Vs. STATE OF U.P.
LAWS(ALL)-2020-2-143
HIGH COURT OF ALLAHABAD
Decided on February 10,2020

UMA SHANKAR SINGH Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

Rajesh Singh Chauhan,J. - (1.) Heard Sri Shikhar Anand, learned counsel for the petitioner and Dr. Udai Veer Singh, learned Addl. C.S.C. for the State-respondents. By means of this petition the petitioner has prayed the following relief: "i) Issue a writ, order or direction in the nature of Mandamus directing the opposite parties to pay pension as well as gratuity payable to petitioner with effect from the date of his retirement, that is 30.06.2012 till date as well as continue paying the pension in future. ii) Issue a writ, order or direction in the nature of Mandamus directing the opposite parties to pay the all the post retirement benefits along with interest accrued thereupon till the date of actual payment."
(2.) The brief facts of the case are that the petitioner was appointed on the post of Skilled Machinist on 4.5.1979 as a temporary and adhoc employee pursuant to which the petitioner joined his duties with effect from 31.7.1979 at Rajkiya Madhyamik Pravidhik Vidyalaya, Gonda. Thereafter, in compliance of order dated 6.6.1996 passed by the Director, Technical Education, U.P. the petitioner discharged duties at Govt. Polytechnic with effect from 2 August 1996. It has been noted that the request of the petitioner for regularisation of service was forwarded by the Principal, Government Polytechnic, Faizabad vide letter dated 31.5.2010. Further, since the work and conduct of the petitioner was being appreciated by the authority competent, therefore, he was granted extension of service beyond the date of superannuation i.e. on 31.8.2010 till 30.6.2012 as he retired from that post on that date.
(3.) In view of above the petitioner had rendered his services for 33 years of continuous satisfactory service but he has not been paid his post retiral benefits such as pension and gratuity perhaps for the reason that he was not regularized in service.;


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