Hon’ble Sunil Ambwani, J.—Heard Shri K.B. Srivastava, learned counsel for the petitioner. Learned Standing Counsel appears for the respondents. With the consent of parties the writ petition was finally heard on 2.4.2009.

2. The petitioner was appointed as Sahkari Cooperative Kurk Amin on 28.7.1975 in the pay-scale of Rs. 200-320 for realization of outstanding dues of cooperative societies. On 28.2.1984 the District Assistant Registrar, Cooperative Societies, U.P. Muzaffarnagar appointed him on the post of Sahkari Kurk Amin at Tehsil level in the office of Additional District Cooperative Officer, Sadar, Muzaffarnagar in the pay-scale of Rs. 354-550. Subsequently by an order dated 29.11.1990 issued by the Additional Registrar (Banking) Cooperative Societies, U.P. Lucknow, the Deputy Registrar, Meerut was directed to appoint the petitioner as Junior Clerk from the post of Kosthak Lipik/Sahkari Kurk Amin and accordingly the Deputy Registrar, Cooperative Societies, U.P. Meerut Region, Meerut directed the District Assistant Registrar, Cooperative Societies, U.P. Haridwar to appoint the petitioner on the post of Junior Clerk in the newly created district Haridwar in the pay-scale of Rs. 950-1500.

3. The petitioner continued to work on substantive post of Cooperative Kurk Amin without any break for 16 years and 17 days and thereafter as Junior Clerk (Collections) at Tehsil level w.e.f. 21.8.1991 and superannuated on 31.10.2006 at the age of 60 years after completing 31 years and 87 days of service in regular pay-scale. The petitioner however has not been held entitled to payment of pension inspite of the fact that the District Assistant Registrar, Cooperative Societies, U.P. Muzaffarnagar has made a recommendation for grant of pension on the ground that the facilities of pension are provided to the Cooperative Kurk Amin under the U.P. Cooperative Collections Fund and Amin and Other Employees Service Rules, 2002 (in short the Rules of 2002) and that in similar cases the Cooperative Kurk Amins have been provided with the right to receive pension.

4. Learned Standing Counsel has sought instructions in the matter and informs the Court that the District Magistrate had sought opinion of D.G.C. (Civil), Muzaffarnagar and was advised that since the petitioner was appointed by the District Magistrate as a salaried Amin and thereafter as Cooperative Kurk Amin at Tehsil level and was serving as a Junior Clerk at the time of retirement, the period of his service as Cooperative Kurk Amins should be added for the purposes of award of pension. The Treasury Officer, Muzaffarnagar has opined on 31.7.2007 that under Rule 29 of Rules of 2002, pension, gratuity and other retiral dues are provided to be paid to amins and his other companions and the employees of the concerned categories. It would be appropriate to treat the petitioner eligible for pension under Rule 29 of the Rules of 2002. The matter is still pending consideration in the State Government.

5. In the counter affidavit of Shri Mohd. Kaleem, Additional District Cooperative Officer, Muzaffarnagar, it is stated that the petitioner retired on 31.10.2006 as Junior Clerk of which the appointing authority is the District Assistant Registrar. His services were not regulated by the Rules of 2002 as he was not an Amin or Associate Amin under Rule 29 of the Rules of 2002 and is thus not entitled to pension.

5. In Chandra Prakash Pandey and others v. State of U.P. and others, Writ Petition No. 7326 (S/S) of 2004, this Court had held in its judgment dated 25.11.2008, that the Kurk Amins are to be treated as government servants and were entitled to all the benefits which are applicable to Government servants including pension. Earlier Shri Chandra Prakash Pandey and others filed a Writ Petition No. 199 of 1991 claiming declaration that they were government servants. The Court held in its judgment dated 26.4.1993, that the Kurk Amins are entitled to be treated as government servants. They were also en