PRAKASH PADIA,J. - (1.) Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents. The petitioner has preferred the present writ petition inter-alia with following prayer:- "(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to immediately release the pension, gratuity, arrears of salary and other retiral dues of the petitioner on the post of Surveyor along with exemplary interest." Facts in brief of the writ petition are that the petitioner was initially appointed on the post of Surveyor in the Department of Irrigation (Mechanical) in the year 1980 and he worked on the aforesaid post till 30.04.1983. Thereafter, the petitioner was not permitted to work although juniors to the petitioner were permitted to continue on the post of Surveyor. In this regard, the petitioner preferred a Writ Petition being Civil Misc. Writ Petition No.17718 of 1991 ( K.K. Upadhyaya Vs. State of U.P.). The aforesaid writ petition was finally allowed by a coordinate Bench of this Court vide order dated 26.08.1997, copy of of which is appended as Annexure No.1 to the writ petition. The operative portion of the aforesaid judgement is reproduced below:- "The writ petition is, therefore, allowed to this extent that the respondents will allow the petitioner to work on the post of Surveyor and he would be deemed to have been in service during the period he was not allowed to work but he would not be entitled to back wages. The petitioner will be paid the minimum scale of salary with allowance per month which the regular surveyor in the Department are getting. The respondents will also consider the claim of the petitioner for regularization in accordance with law. There will be no order as to costs."
(2.) From a perusal of the observations made in the said judgment, it is clear that the petitioner was deemed regular in service. It is further contended that vide order dated 20.10.2011 passed by respondent no.5/ Executive Engineer (Ist) Irrigation (Mechanical) Department, Allahabad, the petitioner was regularized on the post of Surveyor. Ultimately, the petitioner retired as Surveyor after attaining the age of superannuation on 30.10.2014. It is submitted that although the petitioner worked regularly since 1980 till 2014, but wholly illegally no post retiral benefits whatsoever has been paid to the petitioner. In this regard, representations were made by the petitioner from time to time. Since, no action has been taken, the petitioner has preferred the present writ petition. In response to the writ petition, a counter affidavit has been filed on behalf of respondents. It is stated in the counter affidavit that under Article 370 of the Civil Service Regulations, it is provided that continuous, temporary or Officiating Service under the Government of Uttar Pradesh followed without interruption by confirmation in the service or any other post shall qualify for pension with the following exceptions; (i) Period of temporary or officiating service in non-pensionable establishment. (ii) Periods of service in a work charge establishment; and (iii) Periods of service in a post paid out of contingencies.
(3.) It is further stated in paragraph no.9 of the counter affidavit that Full Bench of this Court in the case of Babu @ Babu Ram Vs. State of U.P. and 3 others bearing Writ-A 60352 of 2015 decided on 18.02.2016 had held that service rendered in a work charged establishment is not liable to be counted while computing qualifying service for the purpose of pension.;