Akhtar Husain Khan, J. - (1.) HEARD learned counsel for petitioner and learned Standing Counsel. Present writ petition has been filed by petitioner Husain Haider under Article 226 of the Constitution of India with prayer to issue a writ in the nature of Mandamus, directing respondents to re -determine the fixation of pension and other post retiral dues by also taking into consideration the service period of eight years, one month and twenty four days rendered by petitioner as an work charge employee.
(2.) LEARNED counsel for petitioner contended that petitioner was recruited as helper in the work charge establishment on 10.8.1977 in pay scale of Rs. 185/ -. Thereafter, on 1.11.1978 he was appointed as Section Mistri in pay scale of Rs. 205 -5 -250 -EB -6 -280 -320/ -. Subsequently, he was regularized and was appointed on the post of regular Mistri in the pay scale of Rs. 354 -10 -424/ -. Learned counsel for petitioner contended that petitioner retired on 30.9.2011 after attaining age of superannuation, i.e. 60 years. Learned counsel for petitioner contended that service rendered by petitioner as work charge employee with effect from 10.8.1977 to 4.10.1985 has been excluded in fixing pension and other post retiral dues.
(3.) LEARNED counsel for petitioner contended that it has been settled by Hon'ble Apex Court as well as by this Court that service period rendered as a work charge employee shall be considered as continuous service for purpose of calculation of pension and post retiral dues.;