HAR BUX PATHAK Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner was an employee of the erstwhile U.P. Government Roadways. He retired from service while holding the post of Assistant Traffic Inspector on 28-2-1974. Thirteen years later, the petitioner filed this petition claiming the relief of a writ of mandamus directing the respondents to play gratuity and pension to him for the entire period of service.

(2.) A preliminary objection was raised at the hearing of the petition by Sri S. K. Sharma, learned counsel for the respondent for the dismissal of the petition on the ground of gross laches. There is no doubt that the petition is highly belated and if there had been some merit in the petition a serious question would have arisen as to whether the relief claimed by the petitioner should not be refused at least in regard to the period intervening the petitioner retirement and the (late on which the petition was presented. However, as the petition is failing on merits, I am not dilating on this point further.

(3.) Reverting to the facts essential for the decision of the petition, the position is that the petitioner was appointed in the erstwhile U.P. Government Roadways U.P. Lucknow on 4-2-1948 as a conductor and soon thereafter, he was promoted to the post of a Booking Clerk. On 21-2-1956, he was confirmed on that post and was later promoted to the post of Assistant Traffic Inspector w.e.f. 1-4-1957 from which post he retired on 28-2-1974. After his retirement, he pressed his claim for pension which was denied on the short ground that at the time of his retirement the petitioner was not holding any pensionable post.