S. N. SHUKLA, J. By means of present writ petition, the petitioner has prayed for issuance of a writ in the nature of mandamus directing the opposite parties to treat the petitioners services as qualifying services w. e. f. , 1984-85, for the purposes of calculating pension and to make payment of City Compensatory Allowance and City House Rent Allowance alongwith the salary as well as the arrears of salary with effect from 31- 3-1997, in the pay scale of 2610-60-3150-65-3540. 2. The brief facts of the case are that the petitioner was born on 1-7-1946, and the same date of birth was recorded in the service book of the petitioner. Initially, he was appointed as Mate in the establishment of Public Works Department on 19-8- 1980. He received his emoluments regularly without any interruption and he worked there without any break. In the year 1984, the Assistant Engineer, National Highway Division, Public Works Department Lucknow, opposite party No. 4, issued a certificate dated 14-8-1984, indicating therein that the petitioner is working in the department continuously. 3. In the year 1984-85, several posts of Work Agents and Mates were approved on regular basis and payment of salary was allowed to be made on Work charge basis w. e. f. 5-6-1984. In this connection, a letter dated 23-5-1985, was issued by the office of the Chief Engineer, Highway Division, Lucknow, through which the appointment of the petitioner was approved. As is apparent from the letter dated 23- 5-1985, the petitioner was treated as temporary employee in the capacity of Mate. The petitioner continued to work as temporary Mate till his regularisation as permanent employee without any interruption. Immediately, after granting the temporary status in the year 1985, the service book of the petitioner was prepared like a regular employee and thereafter a seniority list was also prepared. 4. In the year 1997, the State Government took a policy decision for regularizing the services of the temporary employees and the same was circulated by way of Government Order dated 15-10-1997, for the purpose of granting status of permanent employees. The cut-off date was fixed as 31-3-1997. Consequently, all the eligible temporary employees were liable to be given the status of regular employees immediately with effect from 31-3-1997. The Government Order dated 15-10-1997, stipulates the regularisation in accordance with the seniority list in their respective categories.
The cut-off date was fixed as 31-3-1997. Consequently, all the eligible temporary employees were liable to be given the status of regular employees immediately with effect from 31-3-1997. The Government Order dated 15-10-1997, stipulates the regularisation in accordance with the seniority list in their respective categories. Since the petitioner was senior most amongst the temporary work charge employees, he is liable to be treated as regular employee immediately with effect from 31-3-1997, i. e. , cut-off date fixed in the Government Order. Thereafter, the authorities of Public Works Department issued a regularisation letter on 10-1- 2000, indicating therein that the petitioner is regularised with effect from joining his services in accordance with the Government Order dated 15-10-1997. Till date the petitioner has completed 20 years of service in the establishment of opposite parties and according to him he will be retired from the service on attaining the age of superannuation i. e. , 60 years, in the year 2006. 5. The petitioner submits that in pursuance of the order of regularisation the petitioner was paid regular salary in the pay scale of 2610-60-3150-65-3540. The petitioner was given salary in the aforesaid pay scale with effect from January, 2000 and accordingly he is entitled to get his regular salary with effect from 31-3-1997. The petitioner remained posted for the maintenance of Lucknow-Sitapur Road, from Kms. 488 to Kms. 493, which falls in the territory of city area (Lucknow City) and therefore, should get City Compensatory Allowance of city area which is Rs. 40/- per month. In the salary for the month of January, 2000, which was paid in the month of February, 2000, the City Compensatory Allowance, was included. However, thereafter, the same was illegally curtailed without assigning any reason. Similarly, the City House Rent Allowance, which was admissible for the city area i. e. , at the rate of Rs. 380/- per month, has also been curtailed. Since then, the petitioner is suffering a loss of Rs. 420/- per month due to arbitrariness of the opposite parties. Aggrieved thereby, the petitioner submitted several representations to the respondents for redressal of his grievances but all in vain. 6.
380/- per month, has also been curtailed. Since then, the petitioner is suffering a loss of Rs. 420/- per month due to arbitrariness of the opposite parties. Aggrieved thereby, the petitioner submitted several representations to the respondents for redressal of his grievances but all in vain. 6. Vide order dated 18-8-2005, the Executive Engineer, National Highway Division, Public Works Department, Lucknow, rejected the petitioners application for payment of pension on the ground that since the petitioner was regularised on 10-1- 2000, as such he has not completed ten years of service on account of which he is not entitled for pension, which is baseless and unfounded, as the petitioner is discharging his duty continuously. Since the date of his initial appointment was shown as 19-8-1980 and also in accordance with the Government Order issued in 1997, he should be treated as a regular employee in the department and be given all the retiral benefits like other regular employees. 7. In support of his contention, the petitioner has relied upon some decisions vide Ram Kumar Agrawal v. State of M. P. & Ors. , 1995 Supp (3) Supreme Court Cases 67, in which it has been held that according to the rules applicable therein the services rendered by the appellant in the work-charged establishment has to be counted for the purpose of calculating the qualifying service for payment of retiral benefits and also on the case of A. P. Srivastava v. Union of India & Ors. , 1995 (6) Supreme Court Cases 227, in which also it has been held that after rendering more than 20 years service the appellant has been declared to be entitled for the pensionary benefits. In the aforesaid cases, it has been held that since the appellant has been compulsorily retired under the relevant Service Rules, he should be treated as regular employee after rendering 20 years continuous service and he is entitled for payment of pension. The same question has also been dealt with by this Court, in the case of Shakuntala alias Brahmo Devi (Smt.) v. Director of Pension, 2002 (2) LBESR 441 (All) : (2002) 3 UPLBEC 2521 , in which Government Order dated 1-7-1989 was taken into consideration which provides that if the temporary Government Servant renders ten years regular service, he shall also be entitled for the retiral benefits. 8.
8. This Court holds that the object of issuing the said Government Order by the State Government is to extend the pension to Government Servants who have completed ten years regular service. The said Government Order dated 15-10-1997 is on record as Annexure No. 3, to the writ petition, in which it has been provided that the Government has given its approval to treat those work charge employees who have completed five years service or mere on 31-3-1997 continuously at the time of issuing Government Order dated 15-10-1997 and they will be treated eligible for appointment in the regular work charge establishment and they will avail all the service benefits like the State employees. 9. A counter-affidavit, has been filed on behalf of the respondents in which it has been submitted that the petitioner was engaged on daily rate basis keeping in view of the availability of the work. It has further been submitted that for want of post the petitioner could not be regularised in the light of the Government Order dated 15-10-1997. Since the petitioner was regularised by the Office Memorandum dated 10-1-2000, it does not fulfil the qualifying service for payment of pension and therefore, he is not entitled for the pensionary benefit and other retiral benefits as has been prayed by him in the writ petition. 10. There is no dispute that petitioners service was regularised on 10-1-2000 and from a perusal of the Governmentorder dated 15- 10-1997, it is obvious that those work charge employees who had completed five years of continuous services on 31-3-1997, were given the status of regular employees on account of which there is no reason to debar the petitioner from providing all the retiral benefits only for the reason that since the regularisation was made in the year 2000, hence the petitioner does not qualify the service for the purpose of pensionary benefits. 11. In view of the aforesaid facts and circumstances as well as the decisions of the Honble Supreme Court and the decision of this Court, I arrive at the conclusion that under the Government Order dated 15-10-1997, the petitioner be given all the service benefits as are being made available to the other Government employees.
11. In view of the aforesaid facts and circumstances as well as the decisions of the Honble Supreme Court and the decision of this Court, I arrive at the conclusion that under the Government Order dated 15-10-1997, the petitioner be given all the service benefits as are being made available to the other Government employees. From a perusal of the record it is obvious that the petitioner fulfils all the eligibility criteria which is required under the Government Order dated 15-10-1997, for giving him the benefit of regular employee. 12. Accordingly, I hereby issue a writ of mandamus to the respondents to release the retiral benefits in favour of the petitioner like State Government employees. The respondents are further directed to start payment of pension to the petitioner forthwith and also release all the retiral benefits within three months from the date of production of a certified copy of this order. 13. With the aforesaid observations and directions, the writ petition is allowed accordingly. .