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2002 Supreme(All) 514

S.N.SRIVASTAVA
RAJENDRA SINGH – Appellant
Versus
ACCOUNTANT GENERAL, U. P. , LEKHA II – Respondent


Advocates Appeared:
Ranjit Saxena, U.N.Sharma, V.N.Agarwal

S. N. SRIVASTAVA, J.

( 1 ) BY way of the present writ petition, the petitioner made following prayers :

(i) To issue a writ, order or direction in the nature of mandamus directing the respondents to give pension to the petitioner in pursuance of G. O. dated 1. 7. 1989 (Annexure-6 to this petition) ; (ii) To issue any other suitable writ, order or direction which may be deemed to be just and proper under the circumstances of the case.

( 2 ) ACCORDING to Shri Ranjeet Saxena, learned counsel for the petitioner, the petitioner was appointed on 12. 10. 1964 in work charge establishment and worked till 30. 12. 1991, more than ten years, as such, he is entitled to get pension. He further urged that though he was not permanent employee and was continuing as temporary employee, he is entitled to get pension under Government order dated 1. 7. 1989 (Annexure-6 to the writ petition ). He further relied on the following cases also in support of his contention that unconfirmed regular employee is also entitled to get pension :

(1) D. S. Nakara v. Union of India. 1983 (47) FLR 42. (2) Bhaskar Gajanan Kajrekar v. Administrator, Dadra and Nagar Haveli and Ors. , JT 1993 (Supp) SC 43. (3) State of Ori





















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