BABU SINGH Vs. STATE OF U P

JUDGEMENT

(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.

(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.