1. The present Special Appeal has been filed against the judgement and order dated 16.3.2009 passed by learned Single Judge of this Court in Writ Petition No.30952 of 2007 (Ram Sunder Ram vs. State of UP and ors) wherein he has proceeded to dispose of the writ petition, relying upon the judgement passed by Division Bench of this Court in case of Board of Revenue and ors vs. Prasidh Narain Upadhyay reported in 2006 (1) ESC 611 (All) (DB), and directed the respondent no.2 to consider the claim of the petitioner after taking into consideration the service rendered by the petitioner on the post of Temporary Collection Peon from 4.2.1981 to 1.1.1990 for the purpose of computing his pension.

2. Shri Pankaj Rai, Additional Chief Standing Counsel appearing for the appellants-respondents has contended that the petitioner-respondent had worked as Seasonal Collection Peon in Tehsil Bairya, District Ballia from 2.2.1976 to 30.9.1991 with some artificial breaks. Again he worked from 1.12.1981 to 1.1.1990 on Temporary Seasonal Collection Peon. He did not hold any regular post and worked on non-pensionable establishment on the availability of work and fund. The provisions of Government or