- (1.) Heard learned counsel for the parties. With their consent, this writ petition is disposed of finally at the admission stage itself.
(2.) The undisputed facts are that the petitioner joined as Godown Chaukidar on 9.4.1982 on temporary basis, against a temporary post in the pay scale of 305-5-350-EB-6-360-EB-6-390. He crossed the efficiency bar and was granted regular increments. By order dated 1.2.2001, his services were regularised in the pay scale of 2550-55-2660-60-3200. He retired on 30.4.2010 and after retirement the petitioner claimed pension and other retiral benefits. These were denied to him on the ground that he had not completed the qualifying service of 10 years.
(3.) A counter affidavit has been filed by the respondents, in which it is contended that there was no post of Chaukidar till 23.9.1982. Prior to that the petitioner was being paid his salary from contingency fund. However, it is admitted that by G.O. dated 23.9.1982, the State Government sanctioned 265 temporary posts of Godown Chaukidar. Paragraph 3 of the G.O. provided that the persons working for last 10 years be provided appointment against these posts according to their seniority. Thereafter, another G.O. dated 19.9.1983 accorded sanction to 150 more temporary posts, thus increasing the strength of such posts to 415. It is also admitted that by the G.O. dated 11.4.1990, these temporary posts were converted into permanent post w.e.f. 1.3.1990. It has not been disputed that by order dated 1.2.2001, the service of petitioner was regularised.;