By the Court.—Heard Sri C. K. Parekh, learned counsel for the petitioner, Sri J. N. Maurya, learned Standing Counsel and Sri Ajit Kumar Singh, learned Counsel appearing for the respondent Nos. 3 and 4.

2. The brief facts giving rise to this writ petition are that the petitioner was appointed as Lecturer in Hindi Department of Mahatma Gandhi Kashi Vidypeeth Varanasi on 28.10.1978. He retired on 7.4.1995. Prior to his appointment in Mahatma Gandhi Kashi Vidyapeeth, he served as Lecturer in Hindi in Tinsukia Degree College, Assam from 2.9.1967 to 17.10.1978. After retirement, the petitioner made an application that his pension be fixed after adding the period of his service as Lecturer in Tinsukia Degree College, Assam. The resolution dated 28/29.10.1991 passed by the Executive Council of the Kashi Vidyapeeth has been relied for the said purpose including clause 15.05(c) of the First Statute of Mahatma Gandhi Kashi Vidyapith, Varanasi. The Registrar of the University wrote a letter on 10.4.1994 to the State Government referring to the Government order dated 24.10.1983. The Registrar informed the petitioner that since no reply has been sent by the State Government, his services as Lecturer in Tinsukia Degree College, Assam cannot be added. The petitioner also sent representation for adding his period of service as Lecturer in Hindi in Tinsukia Degree College, Assam. Various correspondences in this regard between the University and the State Government have been brought on record. The petitioner filed this writ petition praying for the following reliefs:

“1- writ of mandamus directing the respondent to re-calculate pension and other benefit payable to the petitioner, in accordance with Statute 15.05 of Mahatma Gandhy Vidya Peeth Varanasi and his earlier services in other institution be added to his service in Mahatma Gandhi Kashi Vidya Peeth.

2- issue a writ of mandamus directing the respondents to give benefits of the past services of 11 years and 1 month and 16 days rendered as Hindi Lecturer at Tinshkia Degree College, Assam for the purpose of fixation of post retirement benefits.

3- issue a writ of mandamus directing the respondents to calculate and to fix the post retirement dues including monthly benefits after taking into consideration the past services of 11 years, 1 month and 16 days rendered by the petitioner as Hindi Lecturer at Tinshkia Degree College, Assam.

4- Issue a writ of mandamus directing the respondent No. 1 and 2 to decide the recommendation dated 8.4.2000 made by the Registrar (Annexure 12 to the writ petition) and to decide the representation dated 2.1.2001 (Annexure 13 to the writ petition).

5- issue in alternative, a writ of certiorari to quash the order dated 6.4.2000 (Annexure-11).”

3. The writ petition was earlier heard by a Division Bench of this Court and was allowed on 31.3.2003, following the Division Bench judgment of the Lucknow Bench of this Court in the case of Dr. Shanker Saran v. State of U.P. and others, decided on 7.12.1999 with the direction to add the petitioner’s service rendered at Tinsukia Degree College Assam for the purpose of pension. Against the said judgment, an appeal was filed by the State of U.P. before the Apex Court being Civil Appeal No. 2945 of 2006, State of U.P. v. Laxmi Shanker, which was disposed of by the Apex Court noticing the Division Bench judgment in the case of Dr. Shanker Saran v. State of U.P. and others (supra). The apex Court set aside the order of the Division Bench allowing the writ petition, by the following order:

“A perusal of the said order would show that there was absolutely no discussion by the Bench as to why the said direction in regard to the petitioner’s pension was issued. The order, in our opinion, is non-speaking.

Aggrieved by the said order, the State of U.P. & ors preferred special leave petition before this Court, which was dismissed by this Court on 27.9.2000 on the ground of delay in approaching this Court. The special leave petiti