BAIJNATH PAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri M. Islam, learned counsel for the petitioner and the learned standing counsel. Affidavits have been exchanged, hence on the joint request of the learned counsel for the parties, the writ petition is being disposed of at the admission stage in terms of the Rules of the Court.

(2.) BY means of this writ petition, the petitioner has sought a writ in the nature of mandamus commanding the respondents to sanction the pension of the petitioner on the post of Junior Engineer, Minor Irrigation on the last pay drawn by him on the said post on the date of his retirement i.e. 31.7.2004 and pay the same with interest and be further pleased to quash the order dated 17.11.2006 (Annexure 6 to the writ petition).

(3.) WHILE the issue pertaining to sanction of regular pension for the post of Junior Engineer (Minor Irrigation) was still awaited, respondent No. 2 wrote a letter dated 17.11.2006 to respondent No. 4 that, as the aforesaid Writ Petition No. 8550 of 1986 filed before the Luckndw Bench has been dismissed and the stay order has been vacated on 20.4:2004, therefore, the petitioner and others will be deemed to have reverted to their original posts and that they will now be entitled to the service benefit of the said original posts only.