LAWS(ALL)-2015-4-75

MANORAMA MISHRA Vs. STATE OF U P

Decided On April 18, 2015
MANORAMA MISHRA Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Standing Counsel.

(2.) The petitioner was engaged as a daily wager muster roll employee in work charge establishment on 19.11.1984 where she continued to work till 28.12.1993. The services of the petitioner were orally terminated on 28.12.1993 against which she raised an industrial dispute which was allowed by an award dated 27.3.1997 passed by the Labour Court, Varanasi. A writ petition being Writ Petition No. 3473 of 1999 was filed by the State authorities, which was ultimately dismissed. By an order dated 26.12.2001 the petitioner was reinstated on her post as work charge employee. Subsequently, by an office order dated 29.10.2011 issued by the respondent no. 2 the petitioner was regularized as Class IV employee "Beldar". By an order of posting dated 1.11.2011 she was granted pay scale of Rs. 5,200 - 20,200/-, Pay Grade of Rs. 1800/- on the post of regular Beldar. She has retired on 31.1.2015.

(3.) The petitioner is seeking a writ of mandamus commanding the respondent no. 3 to sanction and pay the regular pension alongwith entire post retiral dues (counting the services rendered in work charge establishment towards the continuous service) as applicable to the regular post of Beldar in the light of the judgment rendered by this Court in Special Appeal No. 445 of 2011 and Writ Petition A - No. 59622 of 2014.