Dr. Devendra Kumar Arora, J. - (1.)Heard learned Counsel for the petitioner,namely, Sri V.K. Jaiswal and the learned State Counsel.
(2.)The trivial question involved in this writ petition is that whether the service rendered by the petitioner on the post of Cooperative Supervisor can be considered for the payment of pensionsary benefit in addition to the services rendered by the petitioner as Cooperative Inspector, Group-II.
(3.)According to the Standing Counsel, the post of Cooperative Supervisor is a non-State cadre and has been created under U.P. Cooperative Union Ltd. As per provisions of Subordinate Cooperative Service Rules, 1979 the promotion on the post of Cooperative Inspector is made with the criterion seniority subject to rejection of unfit. The character Roll entries and other service records are obtained from the parent institution PCU, and thereafter the Cooperative Supervisors are considered for promotion. The petitioner is not entitled for notional promotion on the post of Co-operative Inspector Grade-2 w.e.f 22/5/1995. Moreover, the services rendered by the petitioner on the post of Cooperative Inspector Grade-2 are less than 10 years and, therefore, the petitioner is not eligible for pensionary benefits as per Government Order dated 1/7/1989. The services rendered by the petitioner on the post of Cooperative Supervisor are non-state cadre services and, therefore, as per Sec. 361 of the Cooperative Service Rules, the said period cannot be taken into account for pensionary benefits.