AMRESHWAR PRATAP SAHI,J. - (1.) This writ petition has been filed praying for a mandamus directing the State Government namely the Backward Class Welfare Department through the District Backward Class Welfare Officer to extend all such post retiral benefits to which the petitioner is entitled treating him to be absorbed in the said department by virtue of his earlier posting on deputation and continuance in the said department.
(2.) The post held by the petitioner substantively as a Cataloguer was in the Bundelkhand University, Jhansi. The University is not a respondent in this writ petition. The petitioner on an arrangement made by way of deputation came to be posted as a District Backward Class Welfare Officer in 1997 vide order dated 31.07.1997. By virtue of such continuance, he remained in service with breaks and attained the age of superannuation on 31.01.2009. The petitioner contends that he became a servant of the respondent-department and accordingly is entitled all such retiral benefits that has been denied, inasmuch as, the parent department namely the Bundelkhand University had vide letter dated 8th December, 2005 informed the Secretary of the Backward Class Welfare Department, Government of Uttar Pradesh that the lien of the petitioner in the Bundelkhand University on the post of cataloguer stood terminated w.e.f. 8th May, 2003 and therefore, he should be not treated to be an employee of the University and action should be taken by the department itself in accordance with law.
(3.) The petitioner having failed to get the relief of his post retiral benefits filed this writ petition on 29th January, 2009 and prayed for a mandamus as indicated above.;