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Lalit Mohan Lal v. U.P.Public Service Tribunal No.V & Others - WRIT - A No. 4139 of 1993 [2006] RD-AH 4327 (23 February 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

Though this Writ Petition was filed claiming a number of reliefs but during the course of hearing Sri B.P. Srivastava, learned counsel appearing for the petitioner has confined his case to the reliefs claimed in paragraph 45 and 46 of the petition namely that the period of service rendered by the petitioner before the regular appointment, may be considered for the purposes of pension and for this learned counsel has relied upon paragraph 7 of the judgment of the U.P. Public Service Tribunal rendered on 20th October, 1992 which has been impugned in the present petition.  

Learned counsel for the petitioner has submitted that the petitioner retired from the service on 30th June, 1991 and the service rendered from 5th October, 1956 to 11th October, 1961 prior to his regular appointment may be considered for the purposes of pension as the Tribunal in paragraph 7 of the judgment has observed that in view of the specific provisions, the service period rendered by the petitioner prior to his regular appointment cannot be counted for the purposes of seniority but the said service can be considered only for the purpose of pension according to the Rules.

We have heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents and have perused the materials available on record.

In view of the aforesaid observations we are of the opinion that the petitioner may file an application before the Competent Authority for the said relief and in case such an application is moved, the same shall be considered in accordance with the Rules by a speaking and reasoned order expeditiously preferably within a period of eight weeks from the dated a certified copy of the order is produced by the petitioner before the Competent Authority.

Subject to the observations made above the Writ Petition is disposed of.




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