S.N. Srivastava, J. - (1.) By way of the present writ petition, the petitioner made following prayers : (i) To issue a writ, order or direction in the nature of mandamus directing the respondents to give pension to the petitioner in pursuance of G.O. dated 1.7.1989 (Annexure-6 to this petition) ; (ii) To issue any other suitable writ, order or direction which may be deemed to be just and proper under the circumstances of the case.
(2.) According to Shri Ranjeet Saxena, learned counsel for the petitioner, the petitioner was appointed on 12.10.1964 in work charge establishment and worked till 30.12.1991, more than ten years, as such, he is entitled to get pension. He further urged that though he was not permanent employee and was continuing as temporary employee, he is entitled to get pension under Government order dated 1.7.1989 (Annexure-6 to the writ petition). He further relied on the following cases also in support of his contention that unconfirmed regular employee is also entitled to get pension : (1) D.S. Nakara v. Union of India. 1983 (47) FLR 42. (2) Bhaskar Gajanan Kajrekar v. Administrator, Dadra and Nagar Haveli and Ors., JT 1993 (Supp) SC 43. (3) State of Orissa and Ors. v. Harihar Satpathy and Ors., 2000 (9) SCC 429.
(3.) Sri V.N. Agarwal, learned standing counsel opposed the prayer on the ground that the petitioner never worked continuously for ten years as temporary/regular employee. Sri Agarwal referred paragraphs 3, 7, 8 and 12 of the counter-affidavit, which indicate that the petitioner's services were terminated on 23.7.1977 and thereafter he was given fresh appointment on 10.8.1977 on his fresh application. The petitioner worked under the work charge establishment upto 9.1.1984 at Kalagarh on fixed scale. There was no post available at all but he worked on a fixed salary.;