B.N.Sapru, J. - (1.) This writ petition has been filed by the State of U. P. and others officers of the Government and is directed against the order of the U. P. Public Services Tribunal III, Lucknow dated 19-9-1979 in Claim No. 1142 (1)/III/1978 whereby the U. P. Public Services Tribunal declared that the claimants being civil servants are entitled to receive the benefits of pension and gratuity etc. at per with other employees of the State of U. P.
(2.) Respondent Nos. 1 to 12 are Tahsildars and Money Testers employed in the District Treasury and Sub-Treasury of District Varanasi. The claim petition giving rise to the instant writ petition was filed by them claiming certain benefits payable to them including pension and gratuity as were admissible to other Government servants. The U.P. Public Services Tribunal has held that the claimants are Government servants and entitled to all benefits which are payable to other employees of the Government of U. P.
(3.) In the case of State of U.P. v. Awadh Narain Singh, AIR 1965 SC 360 it has been held that the Tahsildars were civil servants and as such entitled to the protection of Article 311 of the Constitution of India. Before the U.P. Public Services Tribunal the presenting officer was unable to show any provision of law under which the claimants before the U. P. Public Services Tribunal were disentitle from getting pensionary benefits. The U.P. Public Services Tribunal also noticed in its judgment that before it the only dispute was in relation to pensionary benefits.;