Pankaj Naqvi, J. - (1.) HEARD Shri M. Islam, learned counsel for the petitioner and the learned standing counsel. Affidavits have been exchanged, hence on the joint request of the learned counsel for the parties, the writ petition is being disposed of at the admission stage in terms of the Rules of the Court.
(2.) BY means of this writ petition, the petitioner has sought a writ in the nature of mandamus commanding the respondents to sanction the pension of the petitioner on the post of Junior Engineer, Minor Irrigation on the last pay drawn by him on the said post on the date of his retirement i.e. 31.7.2004 and pay the same with interest and be further pleased to quash the order dated 17.11.2006 (Annexure 6 to the writ petition). The petitioner was appointed on the post of 'boring mechanic' on 29.3.1965 and was confirmed on the said post on 1.4.1975. The petitioner claimed himself to be intermediate pass and has also completed a course of institutional training in the trade of fitter from Industrial Training Institute, Pratapgarh and has passed the prescribed trade test in April, 1964. The petitioner was given ad hoc promotion on the post of Junior Engineer, Minor Irrigation for six months and the said ad hoc promotion was extended for a further period of six months on 9.9.1983 and that by a subsequent order dated 9.3.1984, the petitioner's ad hoc promotion was continued till further orders. Subsequently, by an order dated 10.11.1986 passed by respondent No. 2 the ad hoc promotion of the petitioner was withdrawn and he was reverted to his original post of boring mechanic. The said order dated 10.11.1986 was challenged before the Lucknow Bench of High Court in Writ Petition No. 8550 of 1986 wherein pursuant to an interim order dated 18.12.1986 the order dated 10.11.1986 was stayed. In the year 1988, the Governor of U.P. was pleased to frame 'U.P. Regularization of Ad hoc Promotion (On Posts out Side the Purview of the Public Service Commission) Rules, 1988 and Rule 4 thereof provided the benefit of regularization on ad hoc promotions and that in view of the said provision the petitioner is said to have made several representations before respondent No. 1 for regularization of his promotion on the post of Junior Engineer, Minor Irrigation. Finally, pursuant to the recommendations of the selection committee, the ad hoc promotion of the petitioner was regularized w.e.f. 1.4.1983 by an order dated 30.6.2000 (Annexure 1 to the writ petition) and by another order dated 1.1.2001, the petitioner was granted a pay scale of Rs. 800-275-13500/- from the date of regularization of his promotion on the post of Junior Engineer, Minor Irrigation. Subsequently, the petitioner is also said to have passed the departmental examination, which was held on 11 and 12.12.2001 for the post of Junior Engineer, Minor Irrigation. Thus, the petitioner continued to serve on the post of Junior Engineer, Minor Irrigation till his superannuation on 31.7.2004 and earned all his increments except that he was not given selection grade, which was due in February, 1993 after he had completed ten years of service on the post of Junior Engineer, Minor Irrigation. The petitioner was sanctioned ad hoc pension w.e.f. 1.8.2004 and papers for sanction of regular pension was submitted, but they were returned with the objection that as selection grade on the post of Junior Engineer has not been accorded to him, regular pension cannot be given. The petitioner also submitted representation dated 5.7.2006 for grant of selection.
(3.) WHILE the issue pertaining to sanction of regular pension for the post of Junior Engineer (Minor Irrigation) was still awaited, respondent No. 2 wrote a letter dated 17.11.2006 to respondent No. 4 that, as the aforesaid Writ Petition No. 8550 of 1986 filed before the Luckndw Bench has been dismissed and the stay order has been vacated on 20.4:2004, therefore, the petitioner and others will be deemed to have reverted to their original posts and that they will now be entitled to the service benefit of the said original posts only. With the dismissal of the aforesaid writ petition, even the ad hoc pension, which was being paid to the petitioner w.e.f. 1.8.2004, has been stopped and that the said action of the respondents compelled the petitioner to file a representation dated 14.2.2007 before respondent No. 2 and apprise all necessary facts in the case and requesting further that the letter dated 17.11.2006 be recalled and he be sanctioned regular pension on the pay and post from which he retired on 31.7.2004. As no action was taken by the respondents on the aforesaid representation dated 14.2.2007, hence the present writ petition.;