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 appr