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2017 (4) TMI 1540 - HC - VAT and Sales TaxEntitlement to pension or not - service was pensionable in view of Government Order dated 05.05.2000 or not - HELD 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. 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.
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