Legislative power cannot nullify a final judgment or mandamus issued by a court, reaffirming the principle of separation of powers and judicial supremacy.

1. This writ petition is directed against the order dated 28.01.2021 passed by the Superintending Engineer, Irrigation Works Division-I, Irrigation and Water Resources Department, Meerut, rejecting the petitioner’s claim to re-fix his pension, adding his services as a work charged employee to his regular service. The aforesaid claim is based on a mandamus of this Court issued in Writ-A No.14563 of 2018, decided on 14.02.2020. The basis to disregard the claim in enforcement of the mandamus is founded on the supervening promulgation of the Uttar Pradesh Qualifying Service for Pension and Validation Ordinance, 2020 (for short, 'the Ordinance'), which the Superintending Engineer says, nullifies the mandamus inter partes. The Ordinance has subsequently been replaced by the Uttar Pradesh Qualifying Service for Pension and Validation Act, 2021 (for short, 'the Act of 2021'), which carry provisions that are almost a replication of the Ordinance.

2. The petitioner was an Irrigation Supervisor in the Department of Irrigation, Water Resources. He was last posted in the establishment of the Executive Engineer, Ganga Canal Division, Muzaffar Nagar. He retired from service on 31.07.2017 upon attaining the age of superannuation.

3. The petitioner was initially appointed as a Chowkidar on 21.04.1980 by the Executive Engineer, Central Ganga Canal Division-II, Aligarh in the work charged establishment. He was appointed as a Work Supervisor vide order dated 28.04.1983 passed by the Executive Engineer. The Chief Engineer, Central Ganga Canal Project, Aligarh promoted the petitioner to the position of an Irrigation Supervisor (Seench Paryavekshak) and posted him in the regular establishment. By an order of 20^th January, 2004, passed by the Superintending Engineer, Barrage Construction Division, Agra, the petitioner's services were regularized. He was placed in the pay-scale of Rs.4000- 6000/-. The petitioner was posted at the Barrage Construction Division, Agra at this time. The petitioner's salary was fixed by the Executive Engineer, Muzaffar Nagar Ganga Canal Division, Muzaffar Nagar vide order dated 31.01.2017 at a figure of Rs.38,100/-, adding to it the annual increment due on 01.07.2016. At the time of his retirement on 31.07.2017, the petitioner's last drawn salary was in the sum of Rs.39,200/-.

4. Upon the petitioner's retirement, his pension was wrongly fixed, as the petitioner says, reckoning only 13 years of service for him from the date of regularization, to wit, 20.01.2004 until his superannuation. The respondents did not take into account the 24 years service that the petitioner had rendered in the work charged establishment from the year 1980 to 2004.

5. Shorn of unnecessary details, suffice it to say that the petitioner's gratuity, leave encashment, commutation of pension etc. were all reckoned on the length of service rendered post regularization. He was sanctioned a pension of Rs.10,187/- per month. The entire period of 24 years rendered in the work charged establishment was excluded for the purpose of computation of petitioner's qualifying service relating to grant of pension. The petitioner, finding the aforesaid stand utterly illegal, instituted Writ-A No.14563 of 2018 before this Court, praying that a mandamus be issued commanding the respondents to take into consideration the period of services rendered by the petitioner in the work charged e