- (1.) A. N. Ray, C. J. , Ashok Bhushan, J. Heard Counsel for the appellant and the learned Standing Counsel.
(2.) THIS is an appeal against judgment of a learned Single Judge dated 20-4-2006 dismissing the writ petition filed by the appellant. Brief facts of the case are; the appellant was engaged as muster roll employee on 21-3-1983 as Beldar. The petitioner was thereafter taken under work charge establishment with effect from 1-1-1987. Subsequently, vide an order dated 12-10-1999, the appellant was regularised in regular employment as Class-IV employee by order dated 12-10-1999. The appellant after completion of 60 years of age was superannuated on 31-5-2005. The appellant earlier filed a writ petition No. 68494 of 2005 which was disposed of by this Court on 27-2-2005 directing the Executive Engineer to consider the representation of appellant by which he claimed payment of pension. In pursuance of the order of this Court the Executive Engineer passed an order dated 6-12-2005 rejecting the representation of appellant. The Executive Engineer in the order held that appellant was taken into regular establishment on 15-10-1999 and he having retired on 31-5-2005 his services are less than 10 years, hence he is not entitled for pension. It was further held that service period of work charged (irregular) establishment does not count towards pension. The order dated 6-12-2005 was challenged in the writ petition by the appellant which writ petition has been dismissed. Learned Single Judge vide his judgment dated 20-4-2006 dismissed the writ petition holding that appellant is entitled for the benefit of the Government Order dated 1-7-1989. The appellant has not completed 20 years of temporary service.
(3.) THE learned Counsel for the appellant challenging the judgment of learned Single Judge submitted that appellant having rendered more than 20 years of service is clearly entitled for pension. He submits that the appellant having retired in accordance with Rule 56 of Fundamental Rules, he is entitled for grant of pension. Reliance has been placed on a Division Bench judgment of this Court reported in 2006 (1) LBESR 413 (All) : 2006 (2) ALJ 66, Board of Revenue v. Prasidh Narain Upadhyay and Anr. , judgment of learned Single Judge dated 22-2-2005 in writ petition No. 53568 of 1999, Shri Gangoo Executive Engineer and Anr. , Annexure- 9 to the paper book. We have considered the submissions of Counsel for the petitioner and perused the record.;