SAGHIRUL HASAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Pradip Kumar Srivastava, learned counsel for the petitioners and Sri Shatrughan Chaudhary, learned Additional Chief Standing Counsel for State-respondent.

(2.) By means of the present writ petition, the petitioners have prayed for issuance of writ of mandamus commanding the respondents to count the ad hoc service rendered by the petitioners prior to their regularization towards qualifying service for the grant of pension, gratuity and other retiral benefits and to grant third time pay scale on completion of 26 years of service taking into consideration the ad hoc service, which was made basis of grant of regularization to the petitioners.

(3.) Facts in brief are that the petitioners were granted appointment following the procedure of selection on the post of Vice Principal, I.T.I. vide order dtd. 5/10/1988 (petitioner Nos.1 and 2) and 17/12/1988 (petitioner No.3) and on completion of satisfactory service, pay scales were provided to them and ultimately, petitioner Nos.1 and 2 were regularized vide order dtd. 20/12/2013 and petitioner No.3 was regularized vide order dtd. 30/12/2014 w.e.f. 14/2/2010. On completion of satisfactory service, benefits of second time bound pay scale was granted to the petitioners w.e.f. 14/10/2010 and thereafter, on attaining the age of superannuation, the petitioners retired from service on 31/12/2019, 30/9/2019 and 30/6/2019 respectively. After retirement of the petitioners, they were not paid the retiral dues and pension, on the ground that they have not completed ten years of service to their credit for consideration of claim for the payment of retiral dues as well as pension. It has also been the ground for non payment of third A.C.P. that the petitioners have not completed regular 26 years of service, thus, they are not entitled for the grant of third A.C.P.