V.C.Misra, J. - (1.) Heard Sri D.B. Kauser and Ms. Rollie Kauser, learned Counsel for the petitioner and Sri Ravi Ranjan, learned Standing Counsel for the State respondents at length. Counter and rejoinder affidavits have been exchanged in this case.
(2.) This writ petition has been filed for quashing the impugned orders dated August 23/26, 1982 and dated 24.3.1999 (Annexures No. III & VI respectively to the writ petition) passed by Government Treasurer, Saharanpur and Director, Directorate of Pension, U.P., Lucknow respectively and for directing respondents No. 2 & 3 to re-fix the pay of the petitioner and revise all entitlements of pensionary benefits admissible to him alongwith interest @ 12% per annum and further for a direction commanding the respondents to reckon petitioner's service from 6.8.1962 to 31.8.1982 as Government service.
(3.) The facts of the case of the petitioner in brief are that he was appointed as Extra Money Tester in sub-treasury Mawana, Meerut on 6th August 1962 by the Government Treasurer on the approval of the Collector of the district dated 2.8.1962. As per the appointment letter dated 4th August, 1962 (Annexure No. 1 to the writ petition) the appointment was on purely temporary basis. The petitioner continued to serve in the aforesaid capacity uninterruptedly without a day's break right up to 31st august, 1982 and was granted and paid regular salary with annual increments and revised pay scales from time to time and the deductions like General Provident Fund (G.P.F.), subscription of Group Insurance Scheme were also regularly made from his salary. The contention of the petitioner is that vide Telex dated 26th August, 1982 (Annexure No. II to the writ petition) sent by Joint Secretary, Finance (Services-3), U.P. Government, Lucknow to the Commissioner, Meerut Division, Meerut copy of which was sent to the District Magistrate, Meerut- respondent No. 2, it was mentioned therein that if Sarvsri Ram Nath Sharma, Sri Krishan Goel (petitioner) and Mahendra Kumar Mittal have put in twenty year's service as Money Tester, they may be absorbed in the treasury/sub treasury and the remaining Money Testers may be adjusted on first come first go basis but in contravention of the said Telex message the Government Treasurer without seeking any prior approval of the District Magistrate/Collector, Meerut terminated the services of the petitioner abruptly with effect from the afternoon of 31st August, 1982 vide letter dated 23/26 August, 1982 without serving one month's notice or by paying a sum, equivalent to the amount of his one month pay alongwith allowances in lieu of the same. By the said letter the petitioner was asked to handover complete charge in the afternoon of 31.8.1982 and inform his address in the office so that he could be absorbed as and when any vacancy occurred in any of the districts of Saharanpur, Meerut, Ghaziabad. Subsequently, as per order dated 10.3.1983 (Annexure No. 4 to the writ petition) of the District Magistrate, Meerut, the petitioner was reinstated on ad hoc basis w.e.f. 10.3.1983 apparently in compliance of the aforesaid Telex message dated 26.8.1982, which was subsequently affirmed by the Senior Treasury Officer, Meerut vide letter dated 3.2.1999 (Annexure No. 5 to the writ petition) sent to the Director, Pension Directorate, U.P., Lucknow. It has been stated in the writ petition that during the course of his service the petitioner was granted promotion as Tahvildar Deputy Cashier and thereafter as Cashier. The petitioner was also promoted and appointed on the post of Chief Cashier and finally retired after attaining the superannuation age on 31,7,1998.;