S.Rafat Alam, Sudhir Agarwal, JJ. - (1.) This special appeal, under the Rules of the Court, arises from the order of Hon'ble Single Judge dated 16th August, 2005 in Civil Misc. Writ Petition No. 39298 of 2004.
(2.) We have heard Sri Ran Vijai Singh, learned Standing Counsel appearing for the appellants and Sri J.P.N. Singh, learned counsel for the sole respondent.
(3.) Learned counsel for the appellants vehemently contended that since the respondent was not substantively appointed and confirmed on the post of Collection Peon and hence is not entitled for pension in view of the provisions contained in para-368 (1) of the Civil Service Regulations. He also submitted that the respondent was not even a temporary employee but he was engaged, as Seasonal Collection Peon only and, therefore, by any stretch of imagination, is not entitled to get pension under the Rules.;