Neutral Citation No. - 2025:AHC:50122 Court No. - 4 Case :- WRIT - A No. - 14786 of 2024 Petitioner :- Uday Shankar Upadhyay Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hausihla Prasad Mishra Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for the parties. 2. By means of this petition filed under Article 226 of Constitution of India, the petitioner who has retired as Class IV employee from the office of District Social Welfare Officer, District Basti is aggrieved for not giving benefit of pension treating the petitioner not to be a confirmed employee of establishment. 3. Learned counsel for the petitioner has placed before the Court the order passed by the Director Social Welfare filed as Annexure 4 to the petition which discloses this factum of confirmation accorded to the petitioner as per the Government Order dated 07.02.1991 with effect from the date of issuance of this order. This fact has come to be pleaded in paragraph no.7 to the petition in following words: "7. That while discharging duty the services of petitioner has become temporary w.e.f. 01.01.1991 and thereafter the services of petitioner has become permanent w.e.f. 07.07.2001 by the order dated 07.07.2001 passed by Director by letter dated C-441 स .क./ नजज./2000-2001 dated 07.07.2001 alongwith 293 other employees of the department and in the said list the petitioner's name placed at Sr. No.209. In this regard the petitioner is filing the true copy of order dated 07.07.2001 passed by respondent no.2 regarding permanent status of the employees like petitioner, copy of which are being filed and marked as Annexure No.-3 to this writ petition." 4. Reply has been given of paragraph no.7 vide paragraph no.8 of the counter affidavit sworn by Mr. Kumar Prashant, Director Social Welfare, U.P., Lucknow that runs as under: "8. That it is stated that the petitioner has been retired on 01.08.2024 upon attaining the age of superannuation and the proposal of leave encashment has been provided to the Directorate." 5. From the perusal of paragraph no.7 of the petition it clearly transpires that the petitioner's appointment came to be confirmed with effect from 07.07.2001 and this fact is sought to be questioned only on the ground that petitioner was got wrongly placed in the list of temporary employees who were declared permanent on 07.07.2001. 6. In the considered view of the Court until the confirmation order gets annulled by a competent court of law, the respondents cannot be permitted to take a stand that the petitioner's appointments could not be regularized and that too after petitioner had attained the age of superannuation. 7. Learned counsel for the petitioner has also relied upon an order passed by the authority dated 03.04.2025 wherein in identical set of facts directions were issued in the matter of Hari Prasad, Class IV employee of the same department and department was directed to take decision upon his representation regarding claim for pension and the same has come to be allowed. 8. Learned Standing Counsel though sought to contend that the petitioner has been given all service benefits upon attaining the age of superannuation but since his status as permanent employee was unsustainable therefore, he has been denied pension. Further he could not dispute that in the service book of the petitioner there is an entry to the effect that he was a confirmed employee of the establishment. 9. In such above view of the matter writ petition succeeds and is allowed. 10. Respondents are directed to clear the pensionary dues as otherwise admissible to the petitioner in accordance with law. Since the respondents have been held to be unjustified in witholding the pension of the petitioner, he is also held entitled with the interest @ 6 per cent from the date of his attaining the age of superannuation till the actual payment is made. 11. Appropriate order in the above regard shall be passed by the competent authority-respondent no.2 within a period of two months of production of certified copy of this order. Order Date :- 7.4.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad