STATE OF U P Vs. GAYA RAM

JUDGEMENT

(1.) HEARD Sri C. K. Rai, learned standing counsel for the appellants and Sri G. P. Gupta, learned counsel appearing for the respondent.

(2.) THIS is an intra court appeal against the judgment and order of learned single Judge dated 5th August, 2008, whereby the writ petition filed by the respondent has been allowed by directing payment of pension w.e.f. 3.12.2004 following the judgment of learned single Judge in the case of Hans Raj Pandey v. State of U. P., 2007 (2) UPLBEC 2073.

(3.) IN the writ petition a counter-affidavit was filed by the Finance and Account Officer. IN paragraph 3 of the counter-affidavit it was clearly stated that appointment of the petitioner-respondent w.e.f. 1st August, 1973 was as a Peon on fixed emolument and in such capacity respondent continued till 30th November, 1995. Thereafter he was regularised in the pay scale of Rs. 750-940 w.e.f. 30th November, 1995. It has been stated that the services of the respondent prior to 30th November, 1995 being on fixed salary were not to be taken into account for pension and the respondent, having not completed 10 years of qualifying service, is not entitled for pension.