- (1.) Heard Ms Saamiksha Verma, learned counsel for the petitioner and learned Standing Counsel.
(2.) Through the instant writ petition, the petitioner has challenged the Office Memorandum dated 19th September, 2008( Annexure No. 5) whereby petitioner's application for payment of full pensionary benefits in terms of order dated 21.11.2006 has been rejected. The operative portion of the Office Order dated 22.11.2006, whereby the petitioner was compulsorily retired speaks as under; " As soon as retirement becomes final the suspension period of Sri Rakesh Verma, Review Officer( Under Suspension) High Court Lucknow Bench, Lucknow shall be treated as on duty with all consequences, but not before."
(3.) Learned counsel for the petitioner emphasizes on the wordings, intention and motive of the order from which according to him, it transpires that during the period of suspension, the petitioner has been treated on duty till the date of compulsory retirement with all consequences. It is stated that accordingly the petitioner is entitled for all service benefits as he was in service till the date of retirement.;