MUNINDRA CHANDRA GAUR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ashok Kumar Mishra, learned counsel for the petitioner and Sri Ran Vijay Singh, learned Addl. Chief Standing Counsel for the State-respondents.

(2.) By means of this petition, the petitioner has assailed the order dated 1.8.2016 passed by the Principal Secretary, Public Works Department rejecting the claim of the petitioner whereby he has prayed that his services rendered as an ad hoc employee w.e.f. 6.11.1973 to 31.12.2005 be counted in his total length of service for providing him all post retiral benefits.

(3.) Learned counsel for the petitioner has submitted that the petitioner had requested that he may be given the benefit of judgment and order dated 1.3.2012 passed in passed in Dr. Amrendra Narain Srivastava Vs. State of U.P. and others, in Writ Petition No.61974 of 2011, whereby this Court has directed that ad hoc services so rendered by the employee shall be counted in the total length of service and such employee shall be given the retiral benefits counting said ad hoc services. The competent authority in the impugned order dated 1.8.2016 has categorically indicated that the present petitioner may not get the benefit of the order dated 1.3.2012 in re; Dr. Amrendra Narain Srivastava (supra) for the reason that the issue of the petitioner is different from the matter of Dr. Amrendra Narain Srivastava (supra). It has further been indicated in the impugned order that for providing such benefit, the provision of Regulation 361 of the Civil Service Regulations shall be abide by and since such provisions are not being abide by in the case of the petitioner, therefore, his services rendered on ad hoc basis shall not be counted.