- (1.) 1. Heard Sri M. C. Chaturvedi, learned Chief Standing Counsel assisted by Sri G. C. Upadhyaya, learned Standing Counsel for appellants-re spondents in these two appeals and Sri Ramanuj Pandey, learned Counsel for Ram Pratap Shukla and Sri B. P. Srivastava, learned Counsel for Sita Ram.
(2.) THESE two special appeals raise similar question of facts and law, hence, both are being decided by this common judgment. Special Appeal No. 1338 of 2006 has been filed against the judgment and order passed by the learned Single Judge dated 27th March, 2006, whereby the writ petition No. 43t28 of 2003 filed by respondent, Ram Pratap Shukla has been allowed. Brief facts necessary for deciding the case of Ram Pratap Shukla are that he was appointed on 20th December, 1976 as helper in the work-charged Depart ment of Irrigation Department of U. P. His services were regularised in the year 1993. He continued to work as regular employee and retired on 31st July, 2002. ,
(3.) A claim was raised by Ram Pratap Shukla for payment of pension. The said claim was rejected by the department concerned taking the view that the period during which the petitioner, Ranrpratap Shukla worked in work-charged Establishment cannot be added and from the date of regularization he had not completed the qualifying service of 10 years necessary for payment of pension. ' Feeling aggrieved by the same, Ram Pratap Shukla filed the aforesaid writ petition, which has been allowed by the learned Single Judge vide order dated 27th March, 2006. The order of the Additional Director, Treasury and Pension, Allahabad Division, Allahabad dated 31st January, 2003 rejecting the claim of the petitioner has been quashed. The respondents-appellants have been directed to pay pen sionary benefits to the petitioner within a period of three months from the date of production of the certified copy of the order. Special Appeal No. (950) of 2007 has been filed against the judgment and order passed by the learned Single Judge dated 19th May, 2006, whereby writ petition No. 26212 of 2002 filed by respondent, Sita Ram has been allowed.;