RAM SUFAL SAROJ Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Standing Counsel for the Respondent Nos. 1 and 2.

(2.) The petitioner has already attained the age of superannuation and has retired from his services as a Class III employee in Vidyawti Darabary Balika Inter College, Allahabad, w.e.f. 31.12.2005, The present petition has been filed by him for a mandamus commanding the respondents to extend the benefits of gratuity and other consequential benefits which are available to the employees of the State Government.

(3.) Leamed Counsel for the petitioner Sri D.K. Mishra contends that the petitioner has a legitimate expectation of receivirig the aforesaid benefits in view of the position taken by the State Government in its order order dated 29.8.2005, Annexure-3 to the writ petition. The said order was passed by the State Government rejecting the claim of the ministerial staff association of Intermediate Colleges governed by the provisions of the U.P. Intermediate Education Act whereby the claim of enhancement of the age of superannuation at pat with the Teachers of such institution was foand to be untenable and accordingly, the State Government for the reakons recorded in the said order refused to extend the benefits of Class III employees from 60 to 62 years.