PANKAJ BHATIA,J. - (1.) The petitioner has prayed for the following reliefs in the instant writ petition: "(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to accord and pay the post retrial dues of the petitioner eluding his pension under the "Old Pension Scheme" as applicable prior to 01/04/2005 counting his services rendered in the department in question prior to his retirement, for the purposes of qualifying service required under the Uttar Pradesh Retirement Benefit Rules, 1961 and release the arrears of pension also due w.e.f. 22/12/2016 with interest and continue paying the pension month to month as and when, falls due. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to release the arrears of petitioner due towards the pay fixation and revision after the 6th and 7th Pay Commission, encashment of 300 days, for which the petitioner is entitled after completion of his 10 years service and gratuity with interest."
(2.) The petitioner was working as an ad-hoc Collection Peon till the date of superannuation on 31.12.2010. The petitioner has not granted the benefit of pension and the arrears of salary have also not been disbursed.
(3.) Sri J.P.N. Singh, learned counsel for the petitioner contends that the petitioner has worked as a Seasonal Collection Peon from 1.2.1983 to 2004. Thereafter, on the foot of an interim order passed by this Court, he has worked as ad-hoc Collection Peon till the date of his retirement. The petitioner is entitled to counting the period rendered in ad-hoc capacity towards qualifying the service for the purpose of pension. The failure to regularize was entirely on account of default on part of the respondents.;