- (1.) Heard Mr. S.K. Kalia, learned Senior Counsel for the petitioners, Mr. H.P. Srivastava, learned Additional Chief Standing Counsel for the respondent no. 1 and Mr. Puneet Chandra, learned counsel for the respondent no. 2.
(2.) The State Government introduced Antar Gramin Sadak Nirman Yojna1 under the supervision and control of Cane Development Department. The petitioners were appointed in the said Scheme on different posts between the years 1969 to 1982. The service conditions of the gazetted officers of Cane Development Department were governed by the Uttar Pradesh Cane (Gazetted) Service Rules, 1979, which had also governed the service conditions of the petitioners in terms of Rule 28 of the Rules, 1979 as no separate rules were framed to govern the service conditions of the petitioners. The petitioners have sought regular pension as is admissible to the employees working under the State Government after calculating their entire service under the Scheme. The Uttar Pradesh Retirement Benefits Rules, 19613 provide such a benefit.
(3.) In light of Rule 28 of the Rules, 1979, learned Senior Counsel appearing for the petitioners has submitted that since no independent rules had been framed to govern the service conditions of the petitioners, they were governed by the rules, regulations and orders applicable to government servants serving under the State Government in terms of order dated 12.11.1997 issued by the Cane Commissioner. The Cane Commissioner had issued an order dated 12.11.1997 providing therein that all the officers and employees of the Scheme would be covered under the rules, government orders and bye laws applicable for the corresponding post of Cane Development Department. He also invited option of the employees of the Scheme, if they intended otherwise, but none of the petitioners had given option otherwise. Vide cirular dated 16.01.2002, the Cane Commissioner had taken a decision to extend the age of retirement of the officers/employees of the Scheme from 58 years to 60 years, however, vide subsequent circular dated 13.11.2002, it was clarified that their age of retirement be not changed and they would not be entitled for regularization, confirmation and pension etc.;