JASWANT DAULAT MASSEY Vs. UPSRTC AND ORS.

JUDGEMENT

(1.) THE petitioner is seeking quashing of the order dated 4.10.1996 whereby his claim for pension has been rejected. The other relief claimed by the petitioner is for pension and other retiral benefits w.e.f. 1.7.1992.

(2.) BRIEFLY stated the case of the petitioner is that he was appointed in the erstwhile U.P. Government Roadways as Cleaner in 1952 and confirmed in 1958 on the said post. In 1989 he was promoted as Junior Foreman and retired on attaining the age of superannuation on 30.6.1992. It is stated that the U.P. Government Roadways was created by the State Government in 1947 and in 1954 it was declared permanent and in 1955 number of posts were declared permanent. The submission is that no post in the erstwhile Roadways Department was declared as non pensionable till September, 1960. According to the petitioner the word non -pensionable was recorded in the appointment order of the persons who were declared permanent. By a Government Order dated 16.9.1960, the State Government prescribed the terms and condition of the services of the temporary employees of the erstwhile Roadways Department. It was stated that the G.O. will come into force w.e.f. 1.10.1960 and shall apply to all future entries in the service of the Roadways Organization and also the existing temporary employees who accept to continue with the Roadways department on the revised terms and condition of the service. The status of the Roadways employees already declared permanent would remain unaffected. Temporary employees except those mentioned in paragraph 2 of the G.O. were required to indicate in writing as to whether the new service conditions were acceptable to them. It is therefore submitted that this G.O. had no affect upon the permanent employees and they will continue to enjoy the status as a government servant and would therefore be entitled to pension and pensionary benefit like all other State Government employees. Thereafter another G.O. was issued on 28.10.1960 and all non gazetted post in the administrative offices of the Organization and the post of Junior Foreman and above and the post of Junior Station Incharge were treated as pensionable. Another G.O. was issued on 21.4.1961 declaring that pensionable posts mentioned in the G.O. Dated 28.10.1960 would be treated to be pensionable from the dates the same were made permanent.

(3.) THE amended Article 350 further provides that continuous temporary or officiating service under the Government followed without interruption by confirmation in the same or any other post shall qualify except