BOARD OF REVENUE Vs. RAM JI SHUKLA

JUDGEMENT

(1.) Heard Dr. L. P. Mishra, Sri S. S. Rajawat, Sri Yogendra Kumar Mishra, Sri Dileep Gautam, Sri Devi Prasad Maurya, Sri Kuldeep Pati Tripathi, learned Additional Advocate General assisted by Sri Rohit Nandan Shukla, learned Standing Counsel, Sri Shailendra Kumar Singh, learned Chief Standing Counsel assisted by Sri Vivek Shukla, the learned Additional Chief Standing Counsel and Sri. Amitabh Rai, the learned Additional Chief Standing Counsel for the respective parties.

(2.) Review Application No. 121 of 2022 has been filed for review of the judgment and order dtd. 21/6/2021 passed by a coordinate Bench of this Court whereby the Special Appeal Defective No. 259 of 2020 filed by the appellant against the judgment and order dtd. 26/2/2019 passed by the learned Single Judge allowing Writ Petition No. 8737 (S/S) of 2011 filed by the opposite party-petitioner and holding that the opposite party-petitioner is entitled for retiral benefits, including pension, taking into account his services rendered as a Seasonal Collection Amin on temporary basis, has been set aside.

(3.) The opposite party-petitioner in Writ Petition No. 8737 (S/S) of 2011 was initially appointed as Seasonal Collection Peon on 1/8/1979 and thereafter he was appointed as regular Collection Peon under the quota meant for direct recruitment from amongst Seasonal Collection Peon under the provisions of the relevant Service Rules. The case set up by the opposite party-petitioner is that his appointment as Seasonal Collection Peon was a temporary appointment and, as such, in terms of the provisions contained in U. P. Retirement Benefit Rules, 1961, the services rendered by him as a Seasonal Collection Peon are to be counted for the purposes of reckoning the "qualifying service" for payment of pension.