VIJAY PRAKASH MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) This petition has been filed praying for quashing of the order dated 12.8.2011 passed by the Commissioner, Rural Development, rejecting the representation of the petitioner for adding the services of the father of the petitioner w.e.f. 16.7.1954 to 30.7.1956 for the purposes of retiral benefits.

(3.) It has been submitted that the father of the petitioner after working as Extension Guide in Education Department was appointed as Block Development Officer/Extension Training Officer in Regional Rural Development Institute, Gazipur and he retired from the said post on 30.6.1988 after attaining the age of superannuation. The father of the petitioner during his life time had applied for addition of his service as Extension Guide since 16.7.1954 to 30.4.1956 for the purpose of retiral benefits. The request of father of the petitioner was accepted by the respondent no.2 but a wrong condition was made in the pension payment order dated 31.8.1999 that the above services as Extension Guide would be counted after appropriate order is passed by the Cooperative Department. In response to the correspondence exchanged between the parties, the Registrar, Cooperative Societies, U.P., Lucknow wrote a letter on 14.6.2008 to the Principal, Regional Rural Development Institute, Gazipur, accepting that the father of the petitioner had worked on the post of Extension Guide, which was a government service and that it should be added for pensionary benefits. The District Inspector of Schools, Gazipur (DIOS) by his letter dated 30.12.2002 sent to the Director of Education accepted that the post of Extension Guide was a government service. A copy of the letter was endorsed to the Registrar, Cooperative Societies and the Registrar Cooperative Societies also confirmed by his letter dated 5.10.2005, a copy of which has been filed as Annexure 6 to the petition.