DEVENDRA KUMAR UPADHYAYA,J. - (1.) Heard Shri Ram Narain Gupta and Shri Karunakar Srivastava, learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents.
(2.) At the outset, learned counsel for the petitioner, Shri R.N. Gupta has stated that since the petitioner is not a government servant, as such he is not entitled to any post retirement dues as is available and admissible to a government servant. He, thus, states that in view of the aforesaid legal position prayer II-A may be rejected as not pressed.
(3.) The prayer so made is granted. The petitioner is said to have been engaged as Pairvi Clerk to do pairvi of cases concerning Gaon Sabha. He is said to have been engaged initially in the year 1980 but was getting a remuneration of Rs. 500/- per month which led the petitioner to file a writ petition before this Court, namely, Writ Petition No.4373 (S/S) of 1995. The said writ petition was finally disposed of by this Court by means of the judgment and order dated 15.01.2004, whereby a direction was issued to the respondents to consider the case of the petitioner for grant of minimum of the pay scale and also for creating a post of Pairvi Clerk. Since the aforesaid order dated 15.01.2004 was not complied with, the petitioner filed contempt petition before this Court, namely, Contempt Petition No.398 of 2005, wherein an order was passed on 07.07.2006 observing therein that in view of certain orders passed by the respondents, the parties to the contempt petition were required to consider the case of the petitioner for giving him regular pay scale and they were not required to pursue the matter for creation of post of Pairvi Clerk. In pursuance of the said order dated 15.01.2004 and the order dated 07.07.2006 passed by this Court in writ petition as also in the contempt matter, the District Magistrate, Gonda passed an order on 02.02.2008 providing therein that the petitioner shall be paid regular pay scale of Rs. 3050-4590. The petitioner thereafter was getting his salary in the aforesaid pay scale, however, by means of the impugned order dated 31.07.2013 the petitioner has been ordered to be relieved on attaining the age of 60 years. It is this order dated 31.07.2013 passed by the Additional District Magistrate, Gonda, which is under challenge in this writ petition. ;