N.L.Ganguly, J. - (1.) This writ petition is by a person who retired in 1975 after serving the Public Works Department for about 30 years for issuing a writ of certiorari quashing the order dated 2nd March, 1990 passed by Accountant General, U. P. Allahabad and also for issuing a writ of mandamus directing the respondents to pay the pension and interest also on the arrears of unpaid amount of pension at the rate of 12% per annum besides other prayer for any other writ to which the petitioner may be entitled.
(2.) The petitioner was initially appointed on 3-6-1946 as Work Supervision in P.W.D. at Azamgarh temporarily. He continued to work and was given periodical increments w.e.f. 1-12-1949. The, petitioner was required to appear in the examination of Work Supervisor in July 1963 and was declared successful in the said examination. Although the petitioner had passed the examination of Technical Assistant in 1963 and continued working on the said post since his initial appointment of 1946, but the office of Chief Engineer, P.W.D. by Office Memo dated 5-1-1973 issued another letter of appointment to the Temporary Post of Technical Assistant on initial pay scale Rs. 100-4-120 EB 5-170 EB 5-180 w.e.f. date of going in the division to which they were posted by the Superintendent Engineer. The petitioner who had passed the Technical Assistant Examination, was posted as Technical Assistant which is a post equivallant to post of Junior Engineer. The petitioner was retired in December 1975 after total service of about 30 years.
(3.) The petitioner stated to have made repeated representations, applications after his retirement to the departmental officers for payment of pension etc. There was no response and he was not paid any pension. Ultimately the petitioner had to file Civil Misc. Writ Petition No. 16459 of 1984 before this Court for issuing a writ of mandamus directing the respondents to pay the petitioner the pension and the dues. It is stated that in paragraph 3 of the writ petition No. 36459 of 1984 it was mentioned that petitioner had completed 16 years of continued service before passing the examination of Technical Assistant which took place in the year 1963. It has been stated that the P. W. D. department who were also respondents in the said writ petition had filed counter affidavit and had admitted the said averments of the petitioner. This fact has been repeated in paragraph 4 of the writ petition to show that it was admitted by the P. W. D. respondents that petitioner had continuously worked for 16 years before he appeared in the Technical Assistants examination in 1963. There is a counter affidavit filed by Sri K.K. Srivastava, Deputy Accountant General Office of A. G. II, U. P. Allahabad. In paragraph 4 of the said counter affidavit it has been stated that contents of para 4 of the writ petition do not relate to the answering respondent. The Executive Engineer, P. W. D. Azamgarh, Superintending Engineer, Azamgarh and the Chief Engineer, P.W.D. Lucknow are respondents No. 2 to 4 and Special Secretary, Pension, Anubhag U. P. Secretariat, Lucknow is respondent No. 5 in this petition. Notices on their behalf was received by the office of the Chief Standing Counsel U. P. on 30-11-1990. On 17-12-1990 one month's time was granted by the Court for filing counter affidavit. No counter affidavit was filed by the Standing Counsel, U, P. on behalf of respondent No. 2 to 5. From the order-sheet of the writ petition also it appears that no request was ever made fox further grant of time for counter affidavit. It appears that the learned Standing Counsel was not interested in contesting the petition, perhaps he was satisfied that the writ petition was being contested by the Senior Standing Counsel on behalf of Accountant General, U.P. It is, thus, an un-controverted fact that the petitioner had continuously served the P.W.D. for a period of 16 years when he was asked to appear in Technical Assistants Examination in 1963.;