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2021 Supreme(All) 1634

PANKAJ BHATIA
Kailash Singh Yadav – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Bhagwan Dutt Pandey.
For the Respondent: C.S.C., Nilamber Tripathi.

JUDGMENT :

1. The present petition has been filed alleging that the petitioner was appointed on ad hoc basis on 23.05.1990 and his services were regularised on 15.11.2007 as Junior Engineer (Jal) in Jal Sansthan & Nagar Palika, Jalkal Establishment under the U.P. Palika (Centralised) Services.

2. It is stated that the petitioner retired on 31.12.2019 and was entitled for payment of pension and gratuity. It is stated that on 22.02.2020, the General Manager of the Jalkal Vibhag Nagar Nigam, Prayagraj wrote a letter to the Director, Directorate of Local Bodies, respondent no.2 herein stating that the petitioner retired from the services and the pension papers were being forwarded for further action, however, as no action was taken the present writ petition has been filed claiming pension and the gratuity and interest thereon.

3. A counter affidavit has been filed by the respondent taking a stand that as the services of the petitioner were regularised on 15.11.2007, he has not completed qualifying service so as to get the benefit of pension and gratuity.

4. Learned counsel for the petitioner argues that in terms of the Rules applicable being Uttar Pradesh Palika (Centralised) Services Reti

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