- (1.) The special appeal has arisen from a judgment of the learned Single Judge dated 7 July 2014 by which, a batch of matters including the writ petition filed by the appellant has been dismissed. The relief which the appellant sought in his writ petition, besides challenging an order of the General Manager of Uttar Pradesh State Road Transport Corporation (UPSRTC) dated 31 July 2013, was a direction to grant him monthly pension together with arrears from the date of retirement on 30 June 2009. The writ petition stands dismissed by the judgment of the learned Single Judge.
(2.) The appellant was appointed in the erstwhile Uttar Pradesh Government Roadways as a daily wager on 14 July 1972. On 1 June 1972, Uttar Pradesh Government Roadways was converted into Uttar Pradesh State Road Transport Corporation. The appellant was thereafter appointed on 18 July 1972 on the post of Office Assistant Grade-II (Hindi Typist). On 19 June 1981, UPSRTC Employees (Other Than Officers) Service Regulations, 1981 were brought into force. Regulation 39 governs matters relating to pension. On 25 July 1985, the appellant was promoted as Office Assistant Grade-I and on 2 December 1999, as Head Clerk. On 7 January 2003, the appellant was promoted as Office Superintendent, which was a pensionable post.
(3.) On 20 October 2004, a Government Order was issued under which the benefit of pension was allowed to all UPSRTC employees who had been appointed between 1 June 1972 and 18 June 1981 on pensionable posts of the erstwhile Uttar Pradesh Government Roadways. By a further circular dated 26 December 2005, a scheme was formulated for allowing pensionary benefits to employees retiring before 20 October 2004. The scheme provided - (i) deposit of benefits received under EPF along with interest and payment of pension with effect from 20 October 2004; and (ii) that options would be called for from employees to be governed either by EPF or by regular pension and these options shall be treated as final and binding.;