- (1.) Heard Sri Som Pal Mishra, learned Standing Counsel appearing for appellants, Sri A.N. Rai, learned counsel for respondent and perused the record.
(2.) This special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952, has been preferred challenging the judgment and order dated 30.01.2009 passed by Learned Single Judge in Civil Misc. Writ Petition No. 52720 of 2007 - Roop Chandra Vs. State of U.P. and four Others, whereby the writ petition was allowed in part and the respondents-appellants were directed to allow the benefit of Government Order dated 19.04.2006, to the petitioner-respondent from the date of Government Order.
(3.) Brief facts giving rise to present appeal are that the petitioner-respondent was appointed as Class IV employee on 07.08.1971, by the competent authority in Mahamana Malviya Inter College Khekhada, District - Aligarh imparting secondary education and is also under grant-in-aid by the State Government. The petitioner retired on attaining age of superannuation on 31.10.2005. Admittedly, when petitioner-respondent retired, he was not entitled for gratuity and other retiral benefits. Meanwhile, the State Government by the Government Order dated 19.04.2006, provided benefits of gratuity and other retiral benefits to the non-teaching Class IV employees. The petitioner-respondent claimed the benefit of gratuity and post retiral benefits on the basis of the said Government Order and accordingly moved a representation in this regard. The representation was not decided. The petitioner-respondent filed Writ Petition No. 52720 of 2007, which was partly allowed, directing the respondents-appellants to grant the benefit of Government Order dated 19.04.2006, to the petitioner-respondent from the date of Government Order, giving rise to present appeal.;