SHREE RAM Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Mrigraj Singh, learned counsel appearing on behalf of Zila Panchayat as well as the learned Standing Counsel who appears on behalf of the respondent nos.1 and 2.

(2.) This petition has been filed by the petitioner praying for quashing of the order dtd. 13/4/2018 served on the petitioner's counsel on 27/4/2022 in Contempt Petition No.1587 of 2018 and praying for a mandamus to be issued to the respondents to pay entire pension along with interest thereon w.e.f. 31/7/1999.

(3.) It is the case of the petitioner that he was initially engaged as a Paid Apprentice Vaccinator in Zila Panchayat Gorakhpur in 1974. The District of Gorakhpur was bifurcated and new District of Maharajganj was created. The petitioner was transferred to Maharajganj along with other staff and had been working in Maharajganj since 1993. The petitioner retired on 31/7/1999 after rendering more than 26 years of service. He could not get post retiral benefits and therefore, he filed Writ Petition No.61840 of 2005 (Shree Ram Vs. State of U.P. and others) which was allowed by learned Single Judge on 11/8/2009 with a direction to the respondent to pay retiral dues to the petitioner treating him to have retired from the post of Pound Keeper. A special appeal, namely, Special Appeal No.785 of 2010 was filed by the Zila Panchayat Maharajganj which was allowed by the Division Bench on 28/2/2013 with a direction to the Single Judge to reconsider the matter afresh. Learned Single Judge thereafter rejected the writ petition of the petitioner by his order dtd. 12/4/2016 placing reliance upon the judgment of Full Bench of this Court in Babu Ram Vs. State of U.P. and others [2016 (3) ADJ 149), wherein the Court had held that period spent by an employee on work charge, cannot be counted for the purposes of calculating the qualifying service for retiral dues. The petitioner filed special appeal against the order of the Single Judge which special appeal was decided on 26/5/2017 with a direction to the Secretary, Department of Panchayat Raj to look into the grievance of the petitioner and to pass appropriate order thereon within a period of four months from the date of receipt of certified copy of that order.