FAUJDAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard.

(2.) By means of this writ petition the petitioner has challenged an order dated 21.1.2016 passed by the Principal Secretary, Lucknow (Annexure-1 to the writ petition) rejecting the claim of the petitioner for counting services rendered by him with the Auto Tractors Limited (hereinafter referred as ''A.T.L.') for the purposes of calculating the qualifying service prescribed for pensionary purposes under the relevant rules.

(3.) The petitioner herein was appointed as Accountant on 24.10.1980 in the A.T.L. The said concern closed down w.e.f. 20.11.1990 consequently 1284 employees were retrenched. The petitioner claims to have worked in the said concern w.e.f. 24.10.1980 to 20.11.1990. The Governor of U.P. was pleased to make rules known as "U.P. Absorption of Retrenched Employees of Government or Public Corporations in Government Service Rules 1991 (hereinafter referred as 'Rules of 1991')" which were notified on 9.5.1991. On 11.11.1993 a government order was issued for absorption of the employees of erstwhile A.T.L. in various departments of the State of U.P. and its instrumentalities. In pursuance thereof the petitioner was absorbed on the post of ''Manoranjan Kar Nirikshak, Grade-II, in the Entertainment Tax Department of the Government of U.P. on 19.2.1996. He joined his service in the new department on 27.2.1996. He claims to have worked till 31.1.2008 when he is said to have been retired from service on attaining the age of superannuation.