S. RAFAT ALAM, SUDHIR AGARWAL, JJ.

( 1 ) THIS special appeal, under the Rules of the Court, arises from the order of Honble Single judge dated 16th August, 2005 in Civil Misc. Writ Petition No. 39298 of 2004.

( 2 ) WE have heard Sri Ran Vijai Singh, learned Standing Counsel appearing for the appellants and Sri J. P. N. Singh, learned counsel for the sole respondent.

( 3 ) LEARNED counsel for the appellants vehemently contended that since the respondent was not substantively appointed and confirmed on the post of Collection Peon and hence is not entitled for pension in view of the provisions contained in para-368 (1) of the Civil Service Regulations. He also submitted that the respondent was not even a temporary employee but he was engaged, as Seasonal Collection Peon only and, therefore, by any stretch of imagination, is not entitled to get pension under the Rules.

( 4 ) LEARNED counsel for the respondent, however, disputed the aforesaid submission of the appellants and submitted that all the aspects have been considered by the Honble Single Judge, who has also recorded a finding of fact after perusal of the original service book of the respondent and, therefore, the present appeal

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