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2006 Supreme(All) 883

SHISHIR KUMAR
RAM PRATAP SHUKLA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


JUDGMENT

Honble Shishir Kumar, J.—The present writ petition has been filed for quashing the order dated 31.1.2003 (Annexure 4 to the writ petition) passed by the respondent No. 5 and issuing a writ of mandamus directing the respondents to grant pension and other post retirement benefits to the petitioner forthwith with interest at the rate of 18% till the actual payment is made to the petitioner.

2. The facts arising out of the present writ petition are that the petitioner was initially appointed as helper under the control of the respondent No. 3 w.e.f. 20.12.1976 and thereafter the petitioner was given all the benefits of revised pay scale from time to time. The work and conduct of the petitioner was always excellent and no disciplinary proceeding was initiated against the petitioner. Taking into consideration the work and seniority of the petitioner, the respondent No. 4 confirmed the petitioner in the pay scale of Rs.750-940. A copy of the same has been annexed with the writ petition as Annexure 1 to the writ petition. The respondent No. 4 served a notice of retirement-dated 30.7.2002 upon the petitioner indicating therein that the petitioner will be retired in the afternoon of 3






























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