JAGAT NARAIN TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) The Petitioner, who was a Lab Assistant with the Respondents, has filed the present writ petition with the following prayers:

(2.) The facts giving rise to this case are that the Petitioner was engaged as Lab Assistant on 1.3.1982, in work charge establishment of Public Works Department, Ghaziabad. Later on the Petitioner's appointment was made on substantive post of Lab Assistant on 7.2.2007, from where he retired from service on 31.1.2010. It is stated in the writ petition that the Petitioner's case for regularisation was sent before the State Government by the recommendation of the departmental authorities to regularise the Petitioner on the post of Lab Assistant on the strength of Government order dated 15.10.1997 but the Respondents have delayed the matter and regularised the Petitioner on the post of Lab Assistant only on 7.2.2007. It is also averred that in paras 13 and 14 of the writ petition that after the retirement when the Petitioner approached the Respondents for grant of pensionary benefits to him, the stand has been taken by the Respondents that the Petitioner has completed only three years service on the substantive post, therefore, he is not entitled for pension.

(3.) It appears, aggrieved by this action the Petitioner has approached the Respondents by way of an application but no written order has been passed thereon, hence this petition.