AMAR NATH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anoop Kumar Srivastava, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State-respondent and Ms. Bushra Mariam, learned counsel appearing for the second, third and fourth respondents. Petitioners, four in number, are ex-employees of the second respondent, High Court of Judicature at Allahabad. It is informed that the youngest of the petitioners is aged about 80 years. By the instant writ petition, petitioners seek the following relief: "A) issue a writ of mandamus, order or direction in the nature of mandamus directing the respondents to pay pension to the petitioners at par with the pension of the retirees from the post of Principal Private Secretary in the office of the High Court of Judicature at Allahabad in the light of the GO Sa 1358/X-2010 dated 19.07.2010 (Annexure 1), No. 7/sa-3-G.I.-02/X-2014-308/97 T.C. dated 14.07.2014 (Annexure 2) and GO dated 21.01.2016 (Annexure No. 3), with effect from 01.01.2006 and continue to pay the pension month by month in future as and when it falls due."

(2.) The facts, briefly stated, is that petitioners initially came to be appointed and confirmed as Stenographers in the High Court, Allahabad. The post was subsequently re-designated as Personal Assistants. In due course of service the petitioners earned promotion and reached the highest post of their cadre i.e. Principal Private Secretary/Head Private Secretary (PPS/HPS). The petitioners, thereafter, came to be transferred from the cadre of Private Secretary to the cadre of Deputy Registrar carrying the same pay-scale (Rs. 10650-325-15850) in terms of Rule 20(c)(ii) of Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976 (for short 'Rules, 1976'). Rule 20(c)(ii) provides that 15% of the quota of Deputy Registrar is required to be recruited by transfer of PPS/HPS. Rule 20(c)(ii) reads thus:

(3.) On plain reading of the notification, it transpires that petitioners came to be transferred and appointed/promoted as "officiating" Deputy Registrar. In the case of the first petitioner, the appointment on officiating basis was subject to the final decision of the pending writ petitions mentioned therein. In other words, appointment was not substantive. The petitioners retired on attaining the age of superannuation from the post of Deputy Registrar in officiating capacity. Part VI of Rules, 1976, provides the Sources and Method of Recruitment of Class I post, which includes the post of Deputy Registrar. On plain reading of Rule 20, it provides that the post of Deputy Registrar can be filled by transfer of Principal Private Secretary/Head Private Secretary (PPS/HPS) under the quota (15%), provided post is available.