Sunil Ambwani, J. - (1.) By the aforesaid batch of writ petitions, the employees of U. P. State Road Transport Corporation, retired from non-pensionable post, have once again approached this Court with prayers directing respondents to award pension and other pensionary benefits, after taking back employee's share of provident fund from them. They have also claimed arrears of pension from the date of superannuation with interest @ 18%.
(2.) I have heard Sri V.K. Bunnan, Sri I.R. Singh, Sri R.K. Ojha, Sri K.C. Shukla, and Sri Ranjeet Saxena, advocates for petitioners ; and Sri Sameer Sharma for U. P. State Road Transport Corporation.
(3.) The State Government, established a temporary department in '1947, known as U. P. Government Roadways to run its own transport service. On 16.9.1960, a Government order was issued laying down revised terms and conditions of temporary employees of the Roadways. On 28.10.1960, another Government order was issued declaring certain posts in transport and roadways department as pensionary posts. This Government order was Issued in terms of Regulations 350 of the Civil Service Regulation, as adopted for its application in U. P. Regulation 350 is quoted as below : "350. All establishments whether temporary or permanent shall be deemed to be pensionable establishment : Provided that it is open to the State Government to rule that the service in any establishment does not qualify for pension. Exception : This rule does not apply to posts declared pensionable in Shram (Kha) Vibhag Government order No. 810 (E) XXXVI-B 1069/56 dated May 29, 1963 and Udyog (Gha) Vibhag Government order No. 375 ED/XVIII-D-AO-16-EP-60 dated June 5, 1963.";