KAMLA KANT UPADHYAYA Vs. STATE OF U.P.

JUDGEMENT

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

(2.) From a perusal of the observations made in the said judgment, it is clear that the petitioner was deemed regular in service. It is further contended that vide order dated 20.10.2011 passed by respondent no.5/ Executive Engineer (Ist) Irrigation (Mechanical) Department, Allahabad, the petitioner was regularized on the post of Surveyor. Ultimately, the petitioner retired as Surveyor after attaining the age of superannuation on 30.10.2014. It is submitted that although the petitioner worked regularly since 1980 till 2014, but wholly illegally no post retiral benefits whatsoever has been paid to the petitioner. In this regard, representations were made by the petitioner from time to time. Since, no action has been taken, the petitioner has preferred the present writ petition.

(3.) It is further stated in paragraph no.9 of the counter affidavit that Full Bench of this Court in the case of Babu @ Babu Ram Vs. State of U.P. and 3 others bearing Writ-A 60352 of 2015 decided on 18.02.2016 had held that service rendered in a work charged establishment is not liable to be counted while computing qualifying service for the purpose of pension.