AWADHESH KUMAR SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Vikram Bahadur Yadav, learned Standing Counsel for the respondents.

(2.) The petitioner by means of the present writ petition has assailed the order dtd. 31/5/2022 passed by the respondent no.5-Executive Engineer, Investigation and Planning (Water Resources), Division Mirzapur (Fatehi Irrigation Colony), Mirzapur to the extent the benefit of pension to the petitioner has been converted into new pension and further prayed for a writ of mandamus directing the respondents to include the service rendered by him as daily-wager and in work-charged establishment with regular service and grant benefit of Old Pension Scheme to the petitioner.

(3.) The brief facts of the case are that the petitioner was initially engaged as a daily wager on the post of Gaze Reader on 1/5/1989. Due to the promotion of employees, some posts fell vacant. The Superintending Engineer issued a letter dtd. 24/7/1997, addressed to the Executive Engineer, forwarding the names of the daily wage employees who have completed 240 days in service and were found eligible by the Selection Committee for being appointed on said vacant posts. The name of the petitioner appeared at Sl. No.1 in the list enclosed with the said letter. In compliance whereof, the Executive Engineer issued an appointment letter dtd. 25/7/1997 to the petitioner appointing him as a work-charge employee on the post of Gaze Reader. Later on, the service of the petitioner was regularized on the post of Gaze Reader by the order dtd. 29/9/2011. The petitioner received a letter dtd. 31/5/2022 from the office of respondent no.5 informing him that he is retiring on 30/6/2022 and papers relating to the benefit of the New Pension Scheme in respect of the petitioner were forwarded to the concerned department.