STATE OF UTTARAKHAND Vs. CHIEF VETERINARY OFFICER; DEPUTY DIRECTOR, ANIMAL HUSBANDRY, KUMAON MANDAL; RAJU, SAFAI NAYAK

JUDGEMENT

(1.) The present Special Appeal has been filed against the judgment dated 22.03.2006 passed by the learned Single Judge directing the respondents/State (now "˜appellants "™ in Special Appeal) to continue the writ petitioner (now 'Respondent' in Special Appeal) in service with continuity of his previous service.

(2.) Brief facts, which has been culled out is, that the writ petitioner was appointed as a Sweeper in the office of Deputy Director, Animal Husbandry, Nainital in the year 1973 and continued to work continuously till the year 1989. It is alleged that on account of his ill-health, the writ petitioner was made to resign under pressure, which was duly accepted by the department on the condition that he would be given pensionary benefits. It has been alleged that the pensionary benefit was not given and accordingly he filed the writ petition before the learned Single Judge praying that he should be re-employed and/or given pensionary benefits. The counter affidavit revealed that the writ petitioner tendered his resignation voluntarily and that he was ineligible to be given pension because he has not rendered 20 years of service.

(3.) The learned Single Judge issued an interim order directing the appellants to re-employ the writ petitioner in the event the work was available and, based on the interim order, the appellants reemployed the writ petitioner. Considering this aspect of the matter, the learned Single disposed of the writ petition directing that the writ petitioner will continue to work pursuant to the interim order and that his previous service would be taken into consideration at the time when he retires. The State - appellants being aggrieved has filed the present appeal.