State Of U.P. & Ors vs Ruk Mangal Singh Rathaur

Leave granted in both the Special Leave Petitions.

We have heard Dr.R.G. Padia, learned senior counsel, Mrs. Shobha Dikshit, learned senior counsel Mr.Naresh Kaushik, Mr.Shakil Ahmed Syed, Mr.Ramesh Chandra Mishra, Mr.Girdhar G. Upadhyay, Mr.Rameshwar Prasad Goyal and Mr.Sunil Kumar Singh, learned counsel appearing for different appellants/respondents. We may briefly notice the facts of each case. Respondent in C.A.No.7318 of 2003 was appointed as Co-operative Supervisor, which is a non-government post on 1.02.1959. He was confirmed in the post on 30.04.1972. He was promoted to the post of Co-operative Inspector Grade II vide order dated 15.5.1985. Under Rule 5 of the Subordinate Co-operative Service Rules, 1979 the promotion to the post of Co-operative Inspector Grade II is either by direct recruitment or by promotion through the State Public Service Commission. He retired from service on 31.07.1989 as Co-operative Inspector Grade II. In 1993, he filed a claim petition before the Tribunal inter alia claiming that the period of his service rendered as Co-operative Supervisor be reckoned for the purpose of gratuity, leave encashment, family pension and other retiral benefits. The Tribunal by an order dated 17.8.1994 allowed the claim and directed that the period from 1.2.1959 to 31.7.1989 be reckoned towards the respondent's total length of service for the purpose of determining family pension and gratuity. The Tribunal further directed that the respondent would also be entitled to arrears of pension and gratuity. Aggrieved thereby, the appellant filed a Writ Petition before the High Court, which was dismissed by the impugned order of the High Court. Hence the present appeal. Respondent in C.A.No.7320 was appointed as Co- operative Supervisor on 8.10.1959. He was promoted to Inspector Grade II on 1.3.1979 and retired on 31.8.1993. Respondent in C.A.No. 7326 of 2003 was appointed as Co-operative Supervisor on 22.6.1959. He was promoted to Inspector Grade II on 5.8.1978 and retired on 31.7.1994.

Respondents would contend that the Co-operative Supervisor being the feeder post for promotion to the post of Co-operative Inspector Grade II, it cannot be said that the post of Co-operative Supervisor is not a government post. The further contention is that the supernumerary posts of Co- operative Supervisor were created in the name of Governor and, therefore, such posts shall be deemed to be the government posts. We are unable to countenance with this contention.

We may also notice the Office Circular dated 1.7.1989 issued by the Government of U.P. on the admissibility of pensionary benefits on superannuation of temporary government employees. The aforesaid circular was brought out aimed at to provide some sort of succor to the government employees (like the respondents' case) who are not confirmed within the stipulated time and who are not entitled for pensionary benefits for non-confirmation during which period the employee attained the age of superannuation without being confirmed debarring them from getting the pensionary benefits after the superannuation. Clause Nos. 2 and 3 of the Circular read:-

3. This system will also be applicable in those cases where despite being temporary employee permission has been granted for taking voluntary retirement after completing the services of 20 years or attaining the age of 45 years."

The impugned orders of the High Court as well as the orders of the Tribunal are set aside. O.As and Writ Petitions filed by the respondents are dismissed. I.A.Nos.17, 4, 5, 18 and 19 are allowed.

The net result is that all civil appeals are allowed. Writ Petition (civil) No.647 of 2002 is dismissed. No costs.