LAWS(ALL)-2010-11-140

PRAVEEN KUMAR AGARWAL Vs. STATE OF U.P.

Decided On November 20, 2010
Praveen Kumar Agarwal Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) EMPLOYEES of Development Authorities through its Association and in personal capacity, who were holding various posts including Finance Advisor, Chief Engineer, Chief Town Planner, Executive Engineer, Assistant Engineer and Junior Engineer, etc., have approached this Court under Article 226 of the Constitution of India, thereby claiming post retiral benefits including regular pension at par with the Government employees. Some of the petitioners are employees of various departments of State of U.P., State owned Corporations, Public Undertakings, Municipalities etc., appointed in pursuance of provisions contained in sub-section 2 of Section 5 of U.P. Urban Planning and Development Act, 1973 (in short Act). Their services were later on, absorbed as the members of Centralised Services created under the U. P. Development Authorities Centralised Service Rules, 1985 (in short Centralised Service Rules) which came into force with effect from 25.6.1985 under Section 5(A) of the Act.

(2.) UNDER the Act, following categories of persons have been appointed in Development Authorities of the State namely:

(3.) EVEN some of the employees falling in the present categories, are being paid pension in pursuance of the orders passed by this Court. Smt. Rita Bhatnagar wife of late Anil Bhatnagar is being paid pension in pursuance of the order dated 13.12.2001 passed in Civil Misc. Writ Petition No.42495 of 2001. Sri Girija Shanker Mishra from all Centrallised Service, is being paid pension in pursuance of the Government order dated 12.9.2003. In pursuance of the Government order dated 29.9.1983, the all class-III and class-I employees of Development Authorities have been sanctioned pension by the respective Development Authorities.