By the Court—Heard Counsel for the appellant and the learned Standing Counsel.

2. This is an appeal against judgment of a learned Single Judge dated 20.4.2006 dismissing the writ petition filed by the appellant.

3. Brief facts of the case are; the appellant was engaged as muster roll employee on 21.3.1983 as Beldar. The petitioner was thereafter taken under work charge establishment with effect from 1.1.1987. Subsequently, vide an order dated 12.10.1999, the appellant was regularised in regular employment as Class-IV employee by order dated 12.10.1999. The appellant after completion of 60 years of age was superannuated on 31.5.2005. The appellant earlier filed a writ petition No. 68494 of 2005 which was disposed of by this Court on 27.2.2005 directing the Executive Engineer to consider the representation of appellant by which he claimed payment of pension. In pursuance of the order of this Court the Executive Engineer passed an order dated 6.12.2005 rejecting the representation of appellant. The Executive Engineer in the order held that appellant was taken into regular establishment on 15.10.1999 and he having retired on 31.5.2005 his services are less than 10 years, hence h