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2024 Supreme(All) 161

J. J. MUNIR
Ram Sewak Yadav – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Puneet Bhadauria.
For the Respondent: Saurabh Tiwari.

JUDGMENT :

J.J. MUNIR, J.

1. This writ petition has been instituted, praying that a mandamus be issued to the respondents to grant post retiral benefits to the petitioner, a Pump Attendant in the Water Supply Division of the Nagar Palika Parishad, District Etawah, after taking into consideration his ad hoc services.

2. According to the petitioner’s case, he was ‘appointed’ as a Pump Attendant in the Water Supply Division of the Nagar Palika Parishad, Etawah on ad hoc basis w.e.f. 02.09.1988. His services were regularized on 26.03.2006. He retired from service on 31.07.2022, upon attaining the age of superannuation. It is the petitioner’s case that upon retirement, he claimed his post retiral dues, which were verified by the Deputy Director, Local Fund Audit Department, U.P. Kanpur on 13.02.2023.

3. The grievance of the petitioner is that despite the said verification and his entitlement, he has not been paid his post retiral benefits. It is averred in Paragraph No. 7 of the writ petition that the respondents have reckoned the petitioner’s entitlement to post retiral benefits from the date of his regularization and not the date of his appointment. It is the petitioner’s case that though

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