Hon'ble Mrs. Sangeeta Chandra,J.

1. This writ petition has been filed by the petitioner praying for issuance of a Mandamus to the Authorities concerned to make payment of pension and other retiral dues along with 18 per cent interest for the late payment and with a further prayer for issuance of mandamus to the Authority i.e. Deputy Director of Education, 7th Region, Gorakhpur to take a decision pertaining to the claim of pension of the petitioner and other retiral dues within the time prescribed by this Court.

2. It is the case of petitioner that he was initially appointed as an Assistant Teacher L.T. grade on 24.08.1991 in an aided recognized Secondary School namely Janta Inter College, Bankata Station, Deoria under the provisions of the Removal of Difficulties Order, 1981.

3. As per the averments made in the writ petition a substantive vacancy of the post of Assistant Teacher L.T. Grade was created due to retirement of one Vasudhanand Pandey. In this substantive vacancy of Assistant Teacher, L.T. grade one Rajendra Singh working as C.T. grade teacher was promoted on ad hoc basis. In the resultant C.T. grade vacancy the petitioner was appointed on ad hoc basis till regularly selected candidate from the U.P. Secondary Education Service Selection Board became available. The ad hoc appointment of the petitioner was approved by the then District Inspector of Schools, Deoria treating the C.T. grade vacancy created after promotion of Rajendra Singh as converted into L.T. Grade vacancy.

4. Further, it is the case of petitioner that although the District Inspector of Schools granted financial approval to the ad hoc appointment of the petitioner as Assistant Teacher L.T. Grade till availability of regularly selected candidate from the U.P. Secondary Education Service Selection Board; no such regularly selected candidate from the Selection Board was sent to the Institution concerned and the petitioner continued to work w.e.f. 24.08.1991 till 30th of June, 2014. His pension papers were sent to the Deputy Director of Education, 7th Region, Gorakhpur who raised an objection that there is no entry of regularisation in his Service Book. On 02.03.2015 a letter was written by District Inspector of Schools, Deoria to the Manager/Principal of the College directing them to immediately remove the objection and forward the pension papers of the petitioner. The pension papers of the petitioner have since then been forwarded but the matter has been pending with the Deputy Director of Education, 7th Region, Gorakhpur. A counter affidavit has been filed by the State-Respondents wherein the facts as mentioned in the writ petition are not disputed. But it is said that regular pension cannot be given to the petitioner since his ad hoc services have not been regularised. Reliance has been placed upon Article 361 of the Civil Service Regulations where three conditions for grant of superannuation pension have been mentioned. One of the conditions mentioned therein is that service should be regular and permanent. This second condition not being satisfied by the petitioner no pension can be given to the petitioner.

5. The counsel for the petitioner in rejoinder affidavit has relied upon a judgment rendered by a Coordinate Bench of this Court in the case of Prem Singh Vs. State of U.P. and others, 2014 (1) U.P.L.B.E.C 760 wherein in similar circumstances pension was refused to a teacher after he completed more than 17 years of continuous service. In that case the Court was considering the order rejecting the case of the writ petitioner therein for grant of pension passed by the Joint Director of education on 03.11.2012. The rejection was primarily on the ground that the petitioner was an ad hoc/temporary employee and pension is admissible only to regular/permanent teacher. It was held therein that if ad hoc/stopgap/temporary employee having essential qualification is appointed in terms of the statutory Rules and he continues for a long time and ful