By the Court.—Heard Chief Standing Counsel for appellant and Sri J.P.N. Singh, learned counsel for respondent.

2. This intra-Court Appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as ‘Rules, 1952’) has arisen from judgment dated 8.2.2006 passed by learned Single Judge allowing appellant’s Writ Petition No. 47338 of 2000 and directing District Magistrate, Ballia to pay pension and retiral benefits to petitioner-respondent.

3. It is contended by learned Chief Standing Counsel that appellant was engaged as Seasonal Collection Amin till 31.10.1981. Thereafter, he was made temporary and since then he continuously worked till the date of retirement on 31.8.1999, hence is not entitled to pension or other retiral benefits under U.P. Collection Amin’ Service Rules, 1974 (hereinafter referred to as “Rules, 1974”) Reliance is placed by learned Chief Standing Counsel on the judgment dated 23.5.2013 passed by a learned Single Judge in Writ Petition No. 29292 of 2013 (Ghanshyam Mishra v. State of U.P. and others).

4. Per contra, learned counsel for respondent contended that appellant was entitled to be treated in continuous service entitled to