N C GAIROLA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The petitioner was inducted into the service of the Allahabad University as an Engineer on 14.7.1968. He continued to discharge the duties with the Allahabad University till 15.7.1978. It is the contention of the learned counsel for the petitioner, that the service rendered by the petitioner with the Allahabad University was pensionable.

(2.) The petitioner responded to an advertisement for selection by direct recruitment to the post of Executive Engineer in the U.P. Chal Chitra Nigam Limited. He was selected and appointed as such on 16.6.1978. According to the learned counsel for the petitioner, the U.P. Chal Chitra Nigam Limited is a Government company. It is, further, acknowledged that the services in the U.P. Chal Chitra Nigam Limited does not entitle any employee thereof to any pensionary benefits. During the course of his employment in the U.P. Chal Chitra Nigam Limited, the petitioner was promoted to the post of Senior Manager (Construction) and thereafter, to the post of General Manager (Construction) on 1.1.1983 and 14.10.1986 respectively.

(3.) The State Government took a decision to wind up the U.P. Chal Chitra Nigam Limited and the employees of the U.P. Chal Chitra Nigam Limited were sought to be absorbed in Government Service, if they fulfilled the conditions incorporated in the Government Order dated 6.3.1990. It is the contention of the learned counsel for the petitioner, that the petitioner fulfilled the prescribed conditions, and as such, was absorbed in Government Service by an order dated 23.9.1991, whereafter having rendered the service as Executive Engineer in Government Service, he retired on attaining the age of superannuation on 30.6.2001.