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TMI Blog2017 (4) TMI 1540X X X X Extracts X X X X X X X X Extracts X X X X ..... titled for retiring pension and other benefits shall be such as applicable in accordance with law. Qualifying service is prescribed under CSR read with Rules, 1961 and therein if a person has continued to work for 10 years and more he is entitled for pension. In the present case it was not open to respondents to declare through an executive order that service rendered by petitioner is not pensionable when statute itself declare that retiring pension shall be paid to petitioner or any other person who retire under Fundamental Rule 56 read with Section 10(1)(b) of Act, 1948. Petition allowed - decided in favor of petitioner. X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner is not entitled for pensionary benefit. 5. Government Order dated 05.05.2000 has been issued by Principal Secretary, U.P. Government addressed to Chairman, Trade Tax Tribunal, U.P. stating that in exercise of power under Section 10(1A) of Act, 1948, maximum age for appointment of Member in Tribunal has been changed and it further declares, in para 3(4), as under: (4) एडवोकेट कोटे से नियुक्त अभ्यर्थियों की सेवा पेंशनेबुल नहीं हí ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... voluntarily retires or is allowed voluntarily to retire under this rule, the appointing authority may allow him, for the purposes of pension and gratuity, if any, the benefit of additional service of five years or of such period as he would have served if he had continued till the ordinary date of his superannuation, whichever be less: Explanation. (1) The decision of the appointing authority under clause (c) to require the Government servant to retire as specified therein shall be taken if it appears to the said authority to be in the public interest, but nothing herein contained shall be construed to require any recital, in the order, of such decision having been taken in the public interest. (2) In order to be satisfied whether it wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n ignorance of that order, performs the duties of his office, his acts shall be deemed to be valid notwithstanding the fact of his having earlier retired." 8. It is worthy to mention here that Fundamental Rule 56 in State of Uttar Pradesh is not a piece of subordinate legislation under proviso to Article 309 of the Constitution but it is a provincial principal legislation enacted by Uttar Pradesh Fundamental Rule 56 (Amendment and Validation) Act, 1976 (U.P. Act No. 33 of 1976). It clearly declares that a person who retired under Fundamental Rule 56 shall be entitled for "retiring pension" and other benefits shall be such as applicable in accordance with law. 9. Qualifying service is prescribed under CSR read with Rules, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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