Hon’ble Rakesh Tiwari, J.—Heard learned counsel for the parties and perused the record.

2. The appellant has filed this intra Court appeal challenging the validity and correctness of the judgment and order dated 3.3.2011 passed by the Writ Court in Civil Misc. Writ Petition No. 43822 of 2008, Bhuneshar Rai v. The State of U.P. and others, whereby the aforesaid writ petition had been dismissed.

3. Brief facts giving rise to the instant appeal are that the appellant was working in work charge establishment as Chaukidar/helper since 26.6.1976 and continued to work as such till 30.4.2006. The proceedings for regularization was initiated by the respondents in April, 2006. The Executive Engineer issued letter dated 18.4.2006 directing the appellant to produce the certificates of educational qualification etc. for considering his case for regularization on 25.4.2006 so that formality could be completed. He retired on attaining age of superannuation on 30.4.2006.

4. It is contended that appellant ought to have been regularized in April, 2006 and that his entire services from 26.6.1976 be counted for his pension and other retiral benefits.

5. In support of his aforesaid contention,