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TMI Blog2017 (4) TMI 999X X X X Extracts X X X X X X X X Extracts X X X X ..... ost retiral dues, admissible according to his salary from the date, he retired from service and continue to make the payment every month as due. - Service Bench No. 978 of 2010 - - - Dated:- 15-12-2016 - Hon'ble Shabihul Hasnain And Hon'ble Ravindra Nath Mishra-II, JJ. For the Petitioner : Tung Nath Tiwari For the Respondent : C.S.C. ORDER 1. This petition has been filed challenging the order dated 22.6.2010 issued by opposite party No.1 and Government Order dated 5.5.2000, contained as Annexure-1 and 1-A respectively to this writ petition. It has been further prayed that the opposite parties may be directed to pay all the pensionary as well as the retiral benefits to the petitioner. 2. The brief facts are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und that the petitioner is a government servant. He was selected by U.P. Public Service Commission and appointed as member of the Trade Tax Tribunal and served the department till the age of superannuation. 4. Learned Standing Counsel has defended the action of the opposite parties on two grounds. Firstly, that the advertisement clearly mentioned that the post on which the petitioner is being invited to apply will be non-pensionable and secondly, that a Government Order was issued on 5.5.2000, which has specifically mentioned that the post of member of Trade Tax Tribunal will not be pensionable, further that the Rule 56 of the Uttar Pradesh Fundamental Rules provides that the entitlement of pension will be according to the relevant servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions of Section 10 (1) of the U.P. Trade Tax Act, 1948. It will be important to understand the provisions and the conditions given in Section 10 (1) of the said Act. For convenience relevant portion of Section 10 (1) is being quoted here below: (1) There shall be a Tribunal consisting of such members including a President as the State Government may, from time to time, deem it necessary to appoint from amongst (a) the persons who are qualified to be judges of the High Court, and (b) the persons belonging to the Uttar Pradesh Trade Tax Service who hold or have held a post not below the rank of Deputy Commissioner; Provided that- (i) Where the Tribunal consists of one or more persons who is or are member or member ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inted to public services and posts in connection with the affairs of the State of Uttar Pradesh; Explanation- A government servant whose services are placed at the disposal of a company, a corporation, an organisation, a local authority, the Central Government or the Government of another State by the U.P. Government, shall, for the purposes of these rules be deemed to be a government servant notwithstanding that his salary is drawn from sources other than from the Consolidated Fund of Uttar Pradesh. 8. It is therefore clear that the petitioner was a government servant for the purposes of conduct Rules. His services have to be governed by Rule 56 (e) of the Fundamental Rules. His services shall therefore be pensionable. Aforesai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be denied to the petitioner. 10. The third limb of the argument raised by learned Standing Counsel is to the effect that the Government Order was issued on 5.5.2000 stating therein that the post of Trade Tax Tribunal shall not be pensionable. Learned counsel for the petitioner has argued that the appointment order was issued in the year 1998 and the advertisement was issued in the year 1997. A subsequent Government Order cannot alter the conditions of service unilaterally to the prejudice of the petitioner. The subsequent Government Order will be applicable to the prospective candidates and not retrospectively. The petitioner has challenged the Government Order, but in view of his argument, it is not necessary to deal any further on the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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