Hon’ble Sudhir Agarwal, J.—Heard Sri G.P. Pal, learned counsel for the petitioner and learned Standing Counsel for the respondents.

2. It is not in dispute that the petitioner was engaged as Seasonal Collection Peon on 13.6.1963, regularised as Collection Peon on 31.1.1996, confirmed on the post of Collection Peon on 4.9.2000, attained the age of superannuation on 28.2.2005 and retired from the said post. Considering his qualifying service of less than 10 years, the respondents have not paid any pension to him hence this writ petition. Reliance is placed by learned counsel for the petitioner on a Division Bench decision of this Court in Board of Revenue and others v. Prasidh Narain Upadhyay, 2006(1) ESC 611.

3. However, having heard learned counsel for the petitioner and perusing the record, I do not find any merit in the writ petition.

4. It is no doubt true that pension being deferred wages, as held by Hon’ble Apex Court in D.S. Nakara v. Union of India, 1983 (1) SCC 305, is not a bounty but right but simultaneously it is also true that pension when payable is governed by the statutory rules or the statute and in case the rules do not provide for the same it cannot be cla