By the Court.—We have heard Shri Ashok Khare, Senior Advocate assisted by Shri Ajay Shankar, learned counsels appearing for the petitioner. Learned Standing Counsel appears for the State respondents. Shri Sanjeev Singh appears for the Zila Parishad, Deoria.

2. The petitioner retired on attaining the age of superannuation on 30.11.2010 as a regularized Medical Officer in the Department of Ayurvedic and Unani Medical Service of the State of U.P.

3. By the impugned dated 20.9.2011, the Additional Director, Treasury and Pension, Gorakhpur Division, Gorakhpur has informed the Regional Ayurvedic and Unani Officer, Deoria that the petitioner is not entitled to pension as his adhoc services were regularised on 16.3.2005. The period of his services beginning from 16.3.2005 to 30.11.2010 for five years, eight months and 14 days are less than ten years of the services, which are required for entitlement to pension.

4. The petitioner was initially appointed on the post of Ayurvedic Medical Officer in Zila Parishad, Deoria on 21.3.1983, on the orders of the District Magistrate/President of the Zila Parishad on temporary basis in the pay scale of Rs. 570-1100, in anticipation of the approval of the U.P. Public Service Commission. By Government Order dated 8.11.1990, all the non-Government Ayurvedic and Unani Hospitals in the Zila Parishad were provincialised with the conditions in para-9 that all those doctors, who are eligible for being appointed on the respective posts in the State Government, will have to give their options and from the date of acceptance of the option, the General Provident Fund (Uttar Pradesh) Rules will be applicable to them. For the purposes of pension, only that much period of service will be admissible for calculation of pension for which the previous employer will deposit contribution of pension for pensionary benefits. The entire contribution of pensionary benefit with interest will be deposited in the Account Head “805 Rajya Bhavishya Nidhiyan-Ka-Civil (Ka) Samanya Bhaivishya Nidhi”.

5. The petitioner gave an option on 1.2.1991, which was accepted, and he was allowed to serve in the State Government as an adhoc employee until he was regularised alongwith 358 Medical Officers by Government Order dated 16.3.2005. The petitioner’s name was placed in the list at serial No. 263, with his date of joining as 1.2.1991.

6. It is submitted by Shri Ashok Khare, that the contribution of pension and compulsory insurance of the petitioner was deposited by the Additional Executive Officer, Zila Parishad, Deoria in the treasury on 21.5.2011. The treasury receipt alongwith the calculation is annexed to the writ petition at pages 59 and 61 alongwith the covering letter by which the amount of Rs. 19, 568/- was deposited on 27.3.1995.

7. It is submitted by Shri Ashok Khare, that under the Uttar Pradesh Retirement Benefits Rules, 1961, the qualifying service, defined in Rule 3 (8), means service, which qualifies for pension in accordance with the provisions of Article 368 of the Civil Services Regulations. Rule 3 (8) is quoted as below :

“Rule 3 (8)—“Qualifying service” means service which qualifies for pension in accordance with the provisions of Article 368 of the Civil Services Regulations:

Provided that continuous temporary or officiating service under the Government of Uttar Pradesh followed without interruption by confirmation in the same or any other post except—

(i) periods of temporary or officiating service in a non-pensionable establishment.

(ii) periods of service in a work-charged establishment, and

(iii) periods of service in a post, paid from contingencies, shall also count as qualifying service.

Note-If service rendered in a non-pensionable establishment, work-charged establishment or in a post paid form contingencies falls between two periods of temporary service in a pensionable establishment or between a period of temporary service and permanent service in a pensionble establishment, it will not constitute