1. Heard learned counsel for the parties.

2. Present intra court special appeal has been preferred against the judgment and order dated 10.10.2011 in Writ-A No. 57977 of 2011 (Ram Asrey Yadav v. State of U.P. & Ors.) by which learned Single Judge has proceeded to dismiss the writ petition with following observations: -

“For the purpose of salary and other benefits, the petitioner claimed that his services as daily wager prior to the period of regularization should also be considered.

This issue is now no more res-integra.

This Court in Writ Petition No. 38220 of 2011 Amar Nath Chaudhary v. State of U.P. and others and several other cases including the decision of this Court in Writ Petition No. 43227 of 2011, Kashi Prasad v. State of U.P. and others has held that the services prior to the date of the regularization cannot be considered.

In the aforesaid cases, the various decisions of the Apex Court have been considered.

Respectfully following the aforesaid decisions, I hold that the services prior to the date of the regularization cannot be considered for the purpose of salary and other benefits.

Learned counsel for the petitioner submitted that the law relating to the pension, w