STATE OF U. P. Vs. RAJ BAHADUR PASTOR

JUDGEMENT

(1.) This intra court appeal is filed by the State of Uttar Pradesh through its officials, questioning the judgment and order dtd. 19/8/2021, passed by learned Single Judge in Writ Petition No. 3660 of 2021, directing the appellant State to include the services rendered by respondent/petitioner from 1/1/1989 to 31/12/2018 i.e. prior to his regularization, towards qualifying service, and take a decision for payment of pension and other retiral dues. Aforesaid direction came to be issued after the appellant State had filed a counter affidavit, opposing the prayer made in the writ, to which a rejoinder was also filed. The parties in the appeal are already represented and with their consent the dispute raised is being disposed of, at the admission stage itself, without calling for any further affidavits.

(2.) We have heard Sri Rama Nand Pandey, learned Additional Chief Standing Counsel for the appellant State and Sri Bharat Pratap Singh for the respondent/petitioner and have perused the materials on record.

(3.) Shorn of unnecessary details, the facts of the case are that the respondent/petitioner was appointed on the post of Junior Engineer in the Minor Irrigation Department of State, on daily wage basis, on 1/1/1989. Having continued in such capacity, he approached Lucknow Bench of this Court with the grievance that the authorities have arbitrarily denied him benefit of minimum of pay scale; as also regularization, though he has worked for sufficiently long. The writ petition No. 1436 (SS) of 1997 was entertained and following directions were issued on 21/2/1997:-