RAM SINGH SINGRAUR Vs. STATE OF U P

JUDGEMENT

(1.) D. P. Singh, J. Heard Sri Navin Sinha, learned Senior Advocate assisted by Sri Surendra Prasad for the petitioner and Sri Sameer Sharma for the respondent Corporation.

(2.) THE petitioner was appointed as a Assistant Traffic Inspector in the erstwhile U. P. Government Roadways on 22-10-1963 and was made permanent with effect from 1-4-1972. He was sent on deputation to the U. P. State Road Transport Corporation where he was absorbed with effect from 28-7- 1982. He was granted various promotions and subsequently retired from the post of Traffic Superintendent on 31-7-1997. After retirement, he was granted pension vide order dated 10-9-1998 on the recommendation of the Corporation and was also paid the revised pension vide order dated 19-12- 2000. However, he was issued a show-cause notice on 16-6-2006 inter alia on the ground that he was not holding a pensionable post while in Government service and since all the post in the Corporation are non- pensionable, he was not entitled for payment of pension. After considering the reply of the petitioner, the Regional Manager cancelled the pension sanctioned to the petitioner vide his order dated 27-7-2006 on the ground that he was not holding a pensionable post on 27-7-1982. This order is impugned in the present petition.

(3.) THE core issue thus is, whether the petitioner was holding a pensionable post prior to his absorption in the Corporation?