ISHWARDIN YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondents.

(2.) By means of the present petition, the petitioner has prayed for quashing of the order dated 01.02.2013, a copy of which is Annexure-1 to the petition, by which his claim for pension has not been found acceptable on the ground that he has got less than 10 years' of qualifying service and thus is not eligible for pension. A further prayer is for a mandamus directing the respondents to count the entire period of service of the petitioner from 03.12.1977 to 30.11.2011 including service from 03.12.1977 to 13.06.2002 for the purpose of pension and pay all other post retiral dues including interest.

(3.) The case set forth by the petitioner is that he was appointed in the year 1977 as Daily Wager. Through an order dated 02.02.1987, he had been called to appear in an examination for the post of Forest Guard result of which was declared on 21.04.1987, a copy of which is Annexure 3-A to the rebuttal to the supplementary counter affidavit dated 22/30.04.2019. In the said result, the petitioner was placed in the waiting list. However, he was never regularly appointed as Forest Guard but was appointed as a Seasonal Forest Guard vide order dated 30.11.1987, a copy of which is Annexure-4 to the petition. The said appointment was for a specific period i.e. up to 30.06.1988 which, accordingly to learned counsel for the petitioner, was extended from time to time but he continued to work as Seasonal Forest Guard. Thereafter, the petitioner through order dated 14.06.2002, a copy of which is Annexure-5 to the petition, was regularized as a Chaukidar. The petitioner staked his claim for being appointed as Forest Guard by contending that he had earlier qualified in the selection for the post of Forest Guard held in the year 1987. Considering the same, the respondents issued an order dated 06.10.2004, a copy of which is part of Annexure-5 to the petition, by which he was appointed as Forest Guard. Thereafter, the petitioner retired on attaining the age of superannuation on 30.11.2011.