NARESH CHANDRA SAXENA Vs. STATE OF U P

JUDGEMENT

(1.) BY the present writ petition, the petitioners have prayed for the issue of a writ, order or direction in the nature of certiorari quashing the cut off date mentioned in the impugned Government Order dated 19th August, 1993 and circular dated 3rd February, 1994 as well as for quashing the circular dated 4th January 2001, by which, the petitioners are denied the pensionary benefits on account of change of option. A further prayer has been made for a writ of mandamus directing the respondents to extend the benefits of the impugned Government Order dated 19th August, 1993 and the benefits of the circular dated 3rd February, 1994.

(2.) BRIEF facts giving rise to the present writ petition are that the petitioners were initially employed in the U.P. Government Roadways on different posts, which was a department of U.P. State and as such the petitioners were the employees of the State Government. The details about their initial appointment, promotion on pensionable post, confirmation, retirement etc. are given below: S.N. Name of Date of Initial Date of Date of Date & place Petitioners apptt. & post promotion on Confirmation, of retirement pensionable if any Post

(3.) THE State Government of U.P. revised the terms and conditions of the services of the temporary employees of the U.P. Government Roadways vide Government Order dated 16.9.1960 issued by the Joint Secretary, U.P. Shashan, Parivahan Anubhag, Lucknow. Thereafter, in continuance of the aforesaid Government Order, the State Government issued another Government Order dated 28.10.1960 declaring the permanent gazetted and non -gazetted incumbents of the following three categories in the Roadways Organisation would be entitled to the Contributory Provident Fund -cum -Pension Rules: