- (1.) Heard Sri Gautam, learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.
(2.) By means of this writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 15.10.2014 passed by the Principal Secretary (Planning) U.P. Government, Lucknow, by which the petitioner's representation, for adding the period spent on ad hoc basis for the purpose of calculating the qualifying period for pension, has been rejected. Prayer has also been made to issue a writ of mandamus commanding the respondents to fix pension, gratuity etc. of" the petitioner after including his services from the date of his ad hoc appointment dated 9.1.1984. Prayer has also been made to direct the respondents to pay the amount curtailed from the pension, gratuity etc. of the petitioner on account of calculation of service from the date of regularization i.e. 10.12.1993. Further prayer has been made to direct the respondents to fix pay of the petitioner on 1.7.2010 as Rs. 18,750/- and thereby the total pay be fixed to the tune of Rs. 27,720/- on 4.7.2012. Further prayer has been made to direct the respondents to pay an amount of Rs. 97,973/- recovered from the gratuity of the petitioner.
(3.) The facts of this case, in brief, are that the petitioner was initially appointed on ad hoc basis on the post of Economic and Statistic Inspector/ Assistant Development Officer (Statistic) vide office memorandum dated 22.12.1983. In fact the petitioner had joined the service on 9.1.1984 against the substantive vacancy in the permanent establishment." He continued on ad hoc basis since 9.1.1984 and it is on 10.12.1993 he was regularized" on the substantive post on probation for a period of two years." Thereafter the petitioner was confirmed on the post on 14.12.1995. While working as Additional Statistic Officer, Gorakhpur he retired on 31.3.2013." After retirement the pension of the petitioner has been reckoned from the date of his regularization i.e. 10.12.1993 by over looking the period of ad hoc services of the petitioner in the department from 9.1.1984." In this regard the petitioner had made a representation before the Director, Economics research and Statistic U.P.Lucknow on 31.7.2013 but that was of no avail.";