LAWS(UTN)-2021-4-24

STATE OF UTTARAKHAND Vs. GOVIND RAM ARYA

Decided On April 05, 2021
STATE OF UTTARAKHAND Appellant
V/S
Govind Ram Arya Respondents

JUDGEMENT

(1.) The State has challenged the legality of the order dated 28.09.2020, passed by a learned Single Judge, in Writ Petition (S/S) No. 2159 of 2018, whereby the learned Single Judge has directed the State to re-fix the pension of the petitioner, after counting the service rendered by him on ad hoc basis. The learned Single Judge has also directed the respondents to pay all consequential benefits to the petitioner after re-fixation of his pension.

(2.) For the sake of convenience, the parties shall be referred to as arrayed in the writ petition.

(3.) Briefly the facts of the case are that in 1984, the petitioner was appointed as a Fitter in Khadi and Gramodhyog Board, Woolpatti, Almora, Uttar Pradesh. On 04.05.1988, on the basis of the Selection Committee's recommendation, the petitioner was appointed on the post of Production Manager / Incharge (a Class-III post) in the pay-scale of Rs. 515-860. The said selection was on ad hoc basis. The petitioner joined the said post on 17.05.1988. With creation of the State of Uttarakhand on 09.11.2000, the petitioner's services were transferred to Uttarakhand on 02.12.2000, along with 164 employees of the Industries Department. The petitioner was placed at Serial No. 90 of the Allotment List. He continued to function as a Production Manager / Incharge Udhyog Centre, Almora. Subsequently, by order dated 18.04.2006, the petitioner's services were regularized on the post of Production Manager with effect from 05.07.2002 in the payscale of Rs. 4500-7000. After completing twenty-nine years of service, the petitioner retired from the service on 31.05.2017.