- (1.) S. N. Shukla, J. By means of present writ petition, the petitioner has prayed for issuance of a writ in the nature of mandamus directing the opposite parties to treat the petitioner's services as qualifying services w. e. f. , 1984-85, for the purposes of calculating pension and to make payment of City Compensatory Allowance and City House Rent Allowance alongwith the salary as well as the arrears of salary with effect from 31- 3-1997, in the pay scale of 2610-60-3150-65-3540.
(2.) THE brief facts of the case are that the petitioner was born on 1-7-1946, and the same date of birth was recorded in the service book of the petitioner. Initially, he was appointed as Mate in the establishment of Public Works Department on 19-8- 1980. He received his emoluments regularly without any interruption and he worked there without any break. In the year 1984, the Assistant Engineer, National Highway Division, Public Works Department Lucknow, opposite party No. 4, issued a certificate dated 14-8-1984, indicating therein that the petitioner is working in the department continuously. In the year 1984-85, several posts of Work Agents and Mates were approved on regular basis and payment of salary was allowed to be made on Work charge basis w. e. f. 5-6-1984. In this connection, a letter dated 23-5-1985, was issued by the office of the Chief Engineer, Highway Division, Lucknow, through which the appointment of the petitioner was approved. As is apparent from the letter dated 23- 5-1985, the petitioner was treated as temporary employee in the capacity of Mate. The petitioner continued to work as temporary Mate till his regularisation as permanent employee without any interruption. Immediately, after granting the temporary status in the year 1985, the service book of the petitioner was prepared like a regular employee and thereafter a seniority list was also prepared. In the year 1997, the State Government took a policy decision for regularizing the services of the temporary employees and the same was circulated by way of Government Order dated 15-10-1997, for the purpose of granting status of permanent employees. The cut-off date was fixed as 31-3-1997. Consequently, all the eligible temporary employees were liable to be given the status of regular employees immediately with effect from 31-3-1997. The Government Order dated 15-10-1997, stipulates the regularisation in accordance with the seniority list in their respective categories. Since the petitioner was senior most amongst the temporary work charge employees, he is liable to be treated as regular employee immediately with effect from 31-3-1997, i. e. , cut-off date fixed in the Government Order. Thereafter, the authorities of Public Works Department issued a regularisation letter on 10-1- 2000, indicating therein that the petitioner is regularised with effect from joining his services in accordance with the Government Order dated 15-10-1997. Till date the petitioner has completed 20 years of service in the establishment of opposite parties and according to him he will be retired from the service on attaining the age of superannuation i. e. , 60 years, in the year 2006.
(3.) THE petitioner submits that in pursuance of the order of regularisation the petitioner was paid regular salary in the pay scale of 2610-60-3150-65-3540. THE petitioner was given salary in the aforesaid pay scale with effect from January, 2000 and accordingly he is entitled to get his regular salary with effect from 31-3-1997. THE petitioner remained posted for the maintenance of Lucknow-Sitapur Road, from Kms. 488 to Kms. 493, which falls in the territory of city area (Lucknow City) and therefore, should get City Compensatory Allowance of city area which is Rs. 40/- per month. In the salary for the month of January, 2000, which was paid in the month of February, 2000, the City Compensatory Allowance, was included. However, thereafter, the same was illegally curtailed without assigning any reason. Similarly, the City House Rent Allowance, which was admissible for the city area i. e. , at the rate of Rs. 380/- per month, has also been curtailed. Since then, the petitioner is suffering a loss of Rs. 420/- per month due to arbitrariness of the opposite parties. Aggrieved thereby, the petitioner submitted several representations to the respondents for redressal of his grievances but all in vain. Vide order dated 18-8-2005, the Executive Engineer, National Highway Division, Public Works Department, Lucknow, rejected the petitioner's application for payment of pension on the ground that since the petitioner was regularised on 10-1- 2000, as such he has not completed ten years of service on account of which he is not entitled for pension, which is baseless and unfounded, as the petitioner is discharging his duty continuously. Since the date of his initial appointment was shown as 19-8-1980 and also in accordance with the Government Order issued in 1997, he should be treated as a regular employee in the department and be given all the retiral benefits like other regular employees.;