Devendra Kumar Arora, J. - (1.) Heard Mr. Y.K. Mishra, Mr. Subhas Chandra Pandey, learned Counsel for the petitioners, Mr. Prashant Jaiswal, learned Additional Chief Standing Counsel for the State and Mr. Dipak Seth, learned Counsel for the Chief Account Officer, Allahabad.
(2.) Petitioners have approached this Court under Article 226 of the Constitution of India, challenging the order issued by the Executive Engineer, Tubwell Division, directing the petitioners to fill up their forms under New Pension Scheme.
(3.) Submission of the learned Counsel for the petitioners is that petitioners were engaged as Part Time Tubewell Operator on a honorarium of Rs.299/- between 1987 to 1993 for a period of three years but after three years, they were allowed to continue on the post of Part-Time Tubewell Operators, therefore, they are entitled to get all service benefits w.e.f. the date of initial engagement. It is said that in view of the Government Order dated 3.3.1998, Part Time Tubewell Operators working in five districts, namely, i.e. Lakhimpur Kheri, Sitapur, Bahraich, Shravasti and Moradabad, deduction from the salary of the persons appointed as Part Time Tubwell Operators has been made since 1998. But without any rhyme or reason, the said deduction from their salary has been stopped and the petitioners are being asked to fill their forms under New Pension Scheme. Feeling aggrieved by the inaction of the opposite parties, the petitioners have filed the present writ petition.;