LAWS(ALL)-2024-2-179

RAM SEWAK YADAV Vs. STATE OF U. P.

Decided On February 01, 2024
RAM SEWAK YADAV Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) This writ petition has been instituted, praying that a mandamus be issued to the respondents to grant post retiral benefits to the petitioner, a Pump Attendant in the Water Supply Division of the Nagar Palika Parishad, District Etawah, after taking into consideration his ad hoc services.

(2.) According to the petitioner's case, he was 'appointed' as a Pump Attendant in the Water Supply Division of the Nagar Palika Parishad, Etawah on ad hoc basis w.e.f. 2/9/1988. His services were regularized on 26/3/2006. He retired from service on 31/7/2022, upon attaining the age of superannuation. It is the petitioner's case that upon retirement, he claimed his post retiral dues, which were verified by the Deputy Director, Local Fund Audit Department, U.P., Kanpur on 13/2/2023.

(3.) The grievance of the petitioner is that despite the said verification and his entitlement, he has not been paid his post retiral benefits. It is averred in Paragraph No.7 of the writ petition that the respondents have reckoned the petitioner's entitlement to post retiral benefits from the date of his regularization and not the date of his appointment. It is the petitioner's case that though he is entitled to receive pension and other retiral benefits, reckoning his entire length of service from the date of his initial appointment, the respondents have declined to grant him pension and other commensurate benefits, taking into consideration the entire length of his service; not just the period of service post regularization.