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Ram Sabad Rai v. Superintendent Engineer Azamgarh & Others - WRIT - A No. 27571 of 2002  RD-AH 11636 (17 July 2006)
HON. SHISHIR KUMAR, J.
The petitioner has filed the present writ petition for quashing the order dated 12.12.2001, Annexure-2 to the writ petition passed by respondent no. 3 by which the pension to the petitioner has been denied on the ground that he has not completed 10 years of service, therefore, according to rules, he is not entitled for the same.
The controversy involved in the present writ petition has already been covered by the judgment of this Court reported in (2006(1) ESC 611 (All.) (DB), Board of Revenue and others versus Prasidh Narain Upadhyay in which the Division Bench of this Court has settled the controversy that if a person has rendered service either as a temporary or permanent employee for 10 years, he is entitled for pension.
In view of the aforesaid fact the order dated 12.12.2001 passed by respondent no.3 (Annexure-2 to the writ petition is hereby quashed and the writ petition is decided in terms of the judgment mentioned above. The petitioner will submit the certified copy of the order and judgment of the Division Bench of this Court along with an application before the respondent no.1 and if such application is filed, the respondent no.1 will ensure the payment of pension and other benefits to the petitioner within a period of two months.
With these observations the writ petition is disposed of.
W.P. 27571of 2002
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