- (1.) HEARD learned counsel for the petitioner and learned Standing Counsel for the State respondents.
(2.) BY means of present writ petition, the petitioner has prayed for quashing the impugned order dated 29.8.2002 passed by Executive Engineer, Irrigation Khand, Firozabad (Annexure No.3 to the writ petition) and has further prayed for direction to the respondents to consider him for payment of pension.
(3.) BRIEF facts giving rise to the instant writ petition are that the petitioner was appointed on the post of Watchman on daily wage basis and after 17 years, he was appointed as a regular candidate on 16.9.1995 on the post of Beldar by the order of Executive Engineer, Aligarh Khand, Ganga Nahar, Aligarh. He retired on attaining age of superannuation on 28.2.2001 after serving 5 years, 7 months and 27 days. He has not been paid pension and only gratuity was paid to him. Learned counsel for the petitioner submits that the petitioner's services on daily wage basis for 17 years has not been counted for pensioanry benefit and his services? rendered in the Indian Army has also not been counted. The petitioner spent 23 years' service in the department and according to Labour Laws, Workmen Compensation Act and Industrial Disputes Act, he should be considered as a regular candidate after three months of his service. The petitioner filed an application on 18.7.2002 before the department concerned for payment of pension. He submits that after 23 years of his service, pension has not been awarded to the petitioner and that his entire services? be counted for his pension and other retiral benefits.;