- (1.) Heard Sri S.C. Tiwari, learned counsel for the petitioner and the learned Standing Counsel appearing on behalf of opposite parties.
(2.) By means of the present writ petition, the petitioner has prayed for a writ in the nature of certiorari for quashing of the impugned order dated 02.05.2008, passed by the Additional Director, Panchayat Raj, Uttar Pradesh, Lucknow (Annexure No. 1), by which claim of the petitioner for grant of pension and other retiral benefits like gratuity, arrears of Dearness Allowance as well as difference of salary has been refused. Petitioner has also sought a writ in the nature of mandamus commanding the opposite parties to add the period of service i.e. from 16.03.1979 to 28.03.1994, served by the petitioner in U.P. Tyres and Tubes Company Ltd. (Hereinafter referred to as 'Company') with the service period of the petitioner rendered in Panchayat Raj Department for the purposes of pensionary benefits and also add the break period of six years i.e. from 28.07.1994 to 05.10.2000 in the service period rendered in Panchayat Raj Department for the said purposes. Petitioner has further prayed that a direction be issued to the opposite party no. 2 (Director, Panchayat Raj, U.P., Lucknow) to take afresh decision in his matter taking into consideration the cases of similarly situated persons namely Gajadhar Prasad Maurya, Suresh Singh and Kalpanath and pass speaking and reasoned order within a time frame fixed by this court. Submission of the learned counsel for the petitioner is that the petitioner was initially appointed on 16.03.1979 at U.P. Tyres and Tubes Company Ltd which is a Government of U.P. Undertaking and served there upto 28.07.1994, when the Company was closed in pursuance to the order of the B.I.F.R. dated 28.07.1994 and accordingly the petitioner was retrenched from service and a certificate dated 24.12.1995 (Annexure No. 2) was issued by the Managing Director of the Company. Petitioner has also been issued another certificate indicating his salary vide letter dated 04.12.2000 (Annexure No. 3).
(3.) Further submission of learned counsel for the petitioner is that after retrenchment petitioner approached the State Government as well as other government departments alongwith other employees for their adjustment/absorption and when they could not get any positive results, approached this Court by means of Writ Petition No. 30446 of 1998, Chandrama Prasad Pandey and others Vs. U.P. Brassware Corporation Ltd. and others. The said writ petition was disposed of by means of Judgment & order dated 20.04.2000 (Annexure No. 4) with a direction to the opposite parties to consider the case of petitioner for re-appointment in accordance with the Rules within a period of one month from the date of production of the certified copy of the order. In compliance of the said order, the petitioner and other persons were directed to be adjusted in the Panchayat Raj Department vide order dated 03.10.2000 (Annexure No. 5). The petitioner accordingly joined on the post of Junior Clerk in Panchayat Raj Department at Kaushambi on 05.10.2000 and from there he attained the age of superannuation on 31.8.2007, The petitioner, after his retirement, approached the opposite parties for release of his retiral dues. The petitioner was paid G.P.F. and Leave Encashment only, but the amount of gratuity, arrears of difference salary and of Dearness Allowance as well as pension were not paid to him.;