SHIV SHANKAR VAJPAYEE Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Standing Counsel appearing for the State -respondents.

(2.) THE question which falls for consideration in these proceedings instituted by the petitioner under Article 226 of the Constitution of India is as to whether the services rendered by him since the date of his initial appointment on ad hoc basis till regularization of his services are to be treated to be 'qualifying service' and as to whether the said period rendered in service by the petitioner in ad hoc capacity has to be counted for the purpose of reckoning the pension.

(3.) THE petitioner was appointed on 03.07.1978 on the post of Junior Engineer in the Irrigation Department on adhoc basis. However, immediately after his appointment, he was sent on deputation to Betwa River Board, Jhansi under the Ministry of Agriculture and Irrigation, Government of India, where, by means of order dated 13.07.1978, he was posted at Rajghat Dam Construction Circle II, Rajghat, District Lalitpur. The petitioner, thereafter, was repatriated in the year 1981 and after being repatriated, he resumed his duty in his parent department, namely, Department of Irrigation, Government of U.P. on 31.07.1981. The petitioner since thereafter has been working continuously without any interruption and break in the Irrigation Department, Government of U.P. and the service benefits, as available to regular appointees, were also made available to him from time to time. His services were regularized by means of the order dated 26.02.1998 under the relevant provisions of U.P. Regularization of Ad hoc Appointments (On posts Outside the Purview of the Public Service Commission) Rules 1979 (hereinafter referred to "Regularization Rules, 1979").