Hon’ble Sudhir Agarwal, J.—Heard Sri Shiv 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. 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 2.5.95 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.

4. 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.

5. 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 entir