Hon’ble Krishna Murari, J.—Petitioner was appointed as Scientific Assistant in the Irrigation Department of the State of U.P. on 27.1.1996 and remained in continuous service till he retired on attaining the age of superannuation on 31.7.2000.

2. When about for more than one year, neither the petitioner was paid any pension nor his other retiral benefits were disbursed, he approached this Court by filing Writ Petition No 34937 of 2001. A Division Bench vide judgment and order dated 6.2.2004 disposed of the writ petition by making following directions :

“We have heard learned counsel for petitioner and standing counsel for the respondents. In the circumstances of the case it would be appropriate that the petitioner may approach respondent No. 1 alongwith certified copy of his order and other necessary documents for releasing the post retrial benefit. The respondent No. 1 after considering the case of the petitioner may pass a reasoned order, if possible within three months from the date of producing the certified copy of this order. The petitioner alongwith certified copy will also annex a self addressed duly stamped envelope. The respondent No. 1 after taking decision will inform the petitioner. In case due to some un-avaoidable reason there is some delay in finalizing the case the respondent will also consider granting interim person to the petitioner and will also consider for grant of interest to the petitioner in case the delay is not on part of the petitioner.

With these observations the writ petition is disposed of.”

3. Despite having made a representation in pursuance of the aforesaid judgment and order of this Court when no action was taken by the respondents, the petitioner was compelled to file a contempt petition being Civil Misc. Contempt Petition No. 2700 of 2005, wherein notices were issued. In response to the notices, a counter-affidavit sworn by Secretary, Department of Irrigation was filed to the effect that judgment and order of this Court dated 6.2.2004 stood complied inasmuch as an order dated 8.2.2006 was already passed rejecting the representation of the petitioner on the ground that since he got employment on the basis of forged records as such his entire service was irregular and illegal and thus he was not entitled for payment of any pension or any post retiral benefits in view of Regulation 351 of the Civil Service Regulations.

4. Reasons assigned in the order for the aforesaid conclusion was that a report was called on the representation made by the petitioner from the concerned department which mentioned that the date of birth of the petitioner was 9.7.1937, but by making manipulation in the date of birth, he obtained appointment fraudulently. Some enquiry is also alleged to have been made from the Intermediate Education Board, U.P, Allahabad who, on the basis of the record available with them, reported that date of birth of the petitioner is 9.7.1937 and he passed High School examination in 1954. Relying upon the aforesaid two reports, the authority held that when the petitioner joined services in 1966, his age was more than 28 years which was more than the prescribed maximum age limit for being appointed and he obtained appointment on the basis of forged documents. On the basis of the above, conclusion was drawn by the authority that since appointment was obtained by the petitioner by making manipulation in record as such his entire period of service is rendered irregular and illegal and thus he is not entitled to any pension in view of the provisions of Regulation 351 of U.P. Civil Service Regulations.

5. Learned counsel for the petitioner contends that the impugned order on the basis of which his pension has been withheld, is not only arbitrary being based on some reports obtained ex parte behind his back and without notice or opportunity to rebut the same and to defend himself and is thus also violative of the principles of natural justice. It is also submitted that the petitioner has be