ANARA DEVI Vs. AYUKT, KHADYA EVAM RASAD

JUDGEMENT

(1.) Sri Banwari Lal, the husband of the petitioner and an employee of the opposite parties, unfortunately died in harness. After the death of Sri Banwari Lal, by an order dated 05.09.1985 passed by the Regional Food Controller, Faizabad Region, Faizabad, the petitioner was appointed, on ad-hoc and temporary basis, to the post of Watchman under The Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 ("Dying in Harness Rules") and was posted at Bahraich Center. It was stated in the appointment order that since the petitioner was appointed on absolutely ad hoc and temporary basis, the services of the petitioner were liable to be terminated at any time, without notice.

(2.) In pursuance of her appointment order, the petitioner joined the department and started working. After completing ten years of service, by an order dated 30.04.1998, the services of the petitioner, along with other employees mentioned in the said order, were regularized. The petitioner continued to work in the department till she attained the age of superannuation on 30.09.2005. After her superannuation, the petitioner requested the opposite parties to pay to her the retiral dues to which she was entitled under law. On the representation made by the petitioner, the petitioner was paid Group Insurance, leave encashment etc. Insofar as the pension was concerned, the same was denied to the petitioner on the ground that the petitioner had not completed ten years of "qualifying service" in order to enable the petitioner to claim pension. This led to the filing of the present writ petition.

(3.) The learned counsel for the petitioner has submitted that the appointment under the Dying in Harness Rules is necessarily a regular appointment. He has submitted that the entire period from the date of initial appointment i.e. 05.09.1985 till the petitioner attained the age of superannuation on 30.09.2005, had to be taken into account while computing "qualifying service" for the purposes of grant of pension.