STATE OF U.P. Vs. SUKH LAL

JUDGEMENT

(1.) Heard learned State counsel for State-petitioner and perused the record.

(2.) Facts in brief of the present case are that respondent No. 1/Sukhlal has filed a Claim petition No. 369 of 2015 (Sukhlal Vs. State of U.P. and another) before the State Public Services Tribunal, Lucknow 9in short 'Tribunal') praying therein that the benefit of temporary services rendered by him as Chowkidar for purposes of fixation of pay and consequential benefits like pension and arrears of pension form 10.03.1966 till 01.05.1984 when he was regularized.

(3.) As per the case of the petitioner that petitioner was initially appointed on the post of Chowkidar on 10.03.1966. He was later regularized on 01.05.1984. He was appointed on a permanent basis on 06.11.1990 by orders of Regional Food Controller, Lucknow vide his order number 1796/E-6/Sthaikaran/. he was later appointed as Kamdar on a temporary basis on 03.08.1994 by the order of the RFC Lucknow letter number - 2811/E-6/Niyukti/Kamdar/94. he was alter appointed permanently on the post of Kamdar on 9.11.1998. he worked on the said post till 2006 when he finally retired on 31.08.2006. The pension of the petitioner was fixed as per Regional Food Controller, Lucknow's order dated 15.09.2007. Accordingly to him, his services were counted form 01.05.84 which is wrong. His temporary service from 1966 should have been taken into account for service from 1966 should have been taken into account for purposes of calculation of pension. He gave a representation to this effect to the Regional Food Controller, Lucknow on 18.08.2008. In his representation dated 24.12.2014 he has raised the same pleas and also mentioned that he had been regularly meeting the Regional Food Controller. he further gave a legal notice to the opposite party on 07.02.2015 seeking that same relief.