KARTA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner herein claims to have been appointed on Daily Wages as Beldar on Muster Roll basis in the year 1977 -73. He claims that on 26.06.1997 his services were regularized in terms of the then existing Regularization Rules. He attained the age of superannuation and retired from the service of the opposite parties on 30.04.2007. As the regular services rendered by him, which alone have been counted for the purposes of calculation of the qualifying services for determination of pension payable, was only nine years, ten months, five days, therefore, he has been held to be disentitled to such pension and has not been paid the same. As per the facts narrated by the petitioner, he fell short of the required qualifying services of 10 years only by one month and about twenty five days.

(3.) It is rather strange that such matters are coming up before this Court for consideration despite there being a specific provision under the said Service Regulation i.e. Regulation 468 which deals with such a situation and allows a period of service more than three months to be counted as six months.