BADLU RAM Vs. STATE OF U P

JUDGEMENT

(1.) R. B. Mehrotra, J. Deceased/petitioner Uaulu Ram was appointed as "mason teacher" on 19 May, 1950 at Central Jail Izzatnagar, Bareilly. Ac cording to the then prevailing system the mason teacher for jail used to be appointed on contract basis for 5 years, and in that very sequence the peti tioner was continuously appointed on the basis of 5-5 years contract in diffe rent jails regularly as mason teacher. In this connection it is borneout from Annexure 1 of the counter affidavit dated 16 May, 1980 that as per terms of previous contracts the petitioner was on 21-2-1978 given a contract of 5 years appointment as mason teacher.

(2.) NO rules have been framed under Article 3u9 of the Constitution or any other Act or departmental regulations regarding the post of mason teacher. Their services are not governed by any rules despite working for long spell of period in jail as mason teacher, such a person was not getting any pensionary benefits. The concerned persons drew the attention of the State Government in this connection about the mason teachers working on contract basis, conse quently the Government issued a memorandum on 26 April, 1982 in connec tion with the employees of jail industries and declared 22 posts of mason teacher and one post of "head Mechanic" of Unnao as pensionable. The said Government notification for sake of convenience is reproduced as under : "in connection with your letter 261/finance 216 dated 8 May,jl986,i have been directed to convey that from i April, 1981, the indus trial employees of jail 22 sanctioned post of mason teacher in the grade of 200-320 and one sanctioned post of head mechanic sewing machines in the grade of 380-460, which had been declared as per manent from 1 April, 1947 and 1 April, 1969 respectively. His Excellency the Governor has been pleased to sanction pensionary benefits to such persons. The future sanctioned permanent posts of jail industries will also carry pensionary benefits and such posts will not be filled up on contractual basis and the contracts which are in operation up to this time will be deemed to have come to an end. (2) The continuous contractual service of the above posts is on regular establishment basis temporally, will be entitled to pensionary bene fits in case the post is made permanent, if the service has been rendered without any break. If there is any break between the two contractual periods or between the contract period and pen sionable service, then an account of such break, the entire previous period of service will not be counted towards pension and such a break period will not be curable as per provision of Article 422 of civil service regulations. (3) These orders are being issued in compliance of the sanction recorded in the orders of Finance Department NO 13-3-557/ten-82 dated 15 April, 1982. "

(3.) I have heard Sushri Archana Srivastava learned counsel for the peti tioner and the learned standing counsel on behalf of respondents.