- (1.) SUDHIR Agarwal, J. Heard SriShiv Avtar Sharma,learned Counsel for the petitioner and the learned Standing Counsel for the respondents.
(2.) THE petitioner has sought a mandamus commanding the respondents to pay post retiral benefits as he retired on 30-6- 2001. In brief the case of the petitioner is that he was appointed on 24-10-1973 on the post of Godam Chowkidar on temporary ad hoc basis. Subsequently he was regularized vide order dated 2-5-1995 passed by the Regional Food Controller, Bareilly Region, Bareilly. After attaining the age of superannuation the petitioner retired on 30-6-2001. However, the respondents have not paid any pension to the petitioner inspite of several representations made by him. Hence, this writ petition has been filed. The respondents have filed counter-affidavit stating that gratuity of the petitioner has been paid on 23-12-2002 but no pension is payable since the petitioner has not completed minimum ten years service after the date of regularization.
(3.) LEARNED Counsel for the petitioner submits that under Fundamental Rule 56 read with Paras 424 and 361 of Civil Service Regulations, the petitioner is entitled for pension since the entire period of service even prior to the date of regularization would be counted towards qualifying service for payment of pension. Reliance has been placed on a Division Bench judgment in Board of Revenue & Ors. v. Prasidh Narain Upadhyay, 2006 (1) LBESR 413 (All) : 2006 (1) ESC 611. Learned Counsel for the respondents however, submitted that under the Civil Service Regulations, unless the petitioner has completed qualifying service of ten years after the date of regularization, he is not entitled for payment of pension. Reliance is also placed on a letter dated 11/12-7-2005 issued by Regional Food Director, Bareilly Region, Bareilly to Special Secretary, Food Supply Department, Government of U. P. , Lucknow observing that since the petitioner was regularized vide order dated 2-5- 1995 and, therefore, he was not entitled for pension having not complete 10 years qualifying service after regularisation. Heard learned Counsel for the parties and perused the record.;