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Judgment
Vinod K. Sharma, J.—The Petitioner was appointed as daily wage Chowkidar on 4.12.1980 though he was paid monthly salary.
On 4.11.1985 the petitioner was interviewed for the purposes of confirmation but no order was conveyed to him.
On 1.10.1987 a notice of one month for termination of the services of the petitioner was served which was challenged by the petitioner by way of civil suit. The suit was decreed by the learned trial court on 5.3.1990. Appeal filed by the respondent/State against the judgment and decree passed by the learned trial court decreeing the suit of he petitioner was also dismissed on 4.2.1992.
RSA No. 1531 of 1992 was filed by the State/respondents in this Court which was admitted. However, no stay was granted till retirement of the petitioner i.e. till 31.10.1995.
After the retirement on superannuation the petitioner raised a claim for grant of pensionary benefits for the services rendered by him. However, in spite of representation having been made no action was taken which resulted in filing of the present writ petition.
By way of separate order passed by this Court, RSA No. 1531 of 1992 has already been disposed of, as having been rendered infructuous.
Resultantly, services rendered by the petitioner would be deemed to be services rendered entitling him to all consequential benefits of the service including pension.
Writ petition is accordingly allowed. A writ of mandamus is issued directing the respondents to grant/consider the case of the petitioner for grant/release of pensionary/retiral benefits in accordance with law. Action be taken within 3 months of the receipt of certified copy of this order.