SYED MOHD SHAFI Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER vide order No: 81 -HD of 1976 dated: 10 -06 -1996 was appointed by the Commissioner Handicrafts as Master craftsman in the training centre shown in this order on temporary basis alongwith other appointees shown in that order. The Government vide Govt. Order No: 157 -Ind of 1991 dated: 21 -06 -1991 regularised the services of Master craftsmen and Assistant craftsmen on regular time pay scales. In pursuance of this Govt. order, The petitioner got the benefit of regularising his service as senior crafts instructor, vide order No: 54 -HTP of 1993 dated: 21 -09 -1993. The petitioner retired as senior instructor Papermachi. Training Centre Alamagari -bazar, District Srinagar with effect from 30 -09 -1993 afternoon. The petitioner applied for the pension and his employer, that is, Government issued order No: 54 -Ind of 1998 dated: 10 -02 -1998 (Annexure -E) whereby the deficiency in qualifying service of the petitioner was removed.

(2.) RESPONDENT NO. 2 vide his letter No: PHR -II/II -A/304781/98 -99/5165 -66 dated 23 -04 -1998 (Annexure -G) refused to issue the pension in favour of the petitioner on the plea that he docs not qualify pension keeping in view his total regular and temporary and contract service which comes to 17 years 3 months and 17 days. In other words, his case for pension was closed. The petitioner is aggrieved of this order and through the medium of the writ petition has challenged the same on the following grounds:

(3.) THE petitioner has prayed for the relief of writ of certiorari for quashing letter No: PMR -II/II -A/304781/98 -99/5165 -66 dated: 23 -09 -1998 and writ in the nature of mandamus commanding the respondents to release the pension in his favour from the date of his retirement in accordance with the scales provided by the J&K C.S.R. The petitioner has also claimed interest @ 18% per annum.