JUDGMENT :

1. Order dated 01.05.2018 having been recalled vide order of date passed on Recall Application, writ petition is restored to its original number. As requested and agreed by learned counsel for parties, We proceed to hear and decide this case finally at this stage.

2. Heard Sri Pradeep Verma, learned counsel for petitioner and learned Standing Counsel for State of U.P. And perused the material available on record.

3. This writ petition under Article 226 of Constitution of India has been filed against order dated 21.05.2014, whereby service rendered by petitioner on adhoc basis before regularization from the years 1975 to 1992 has not been treated 'qualifying service' for the purpose of retiral benefits by referring to Article 361 of Civil Service Regulations (hereinafter referred to as “C.S.R.”).

4. In the impugned order dated 21.05.2014, Director, Bal Vikas Avam Pushtahar has said that under Article 361, adhoc service does not qualify for pension.

5. It is not disputed that retirement of petitioner is governed by fundamental Rule 56 read with relevant provisions of C.S.R. Every employee, whether permanent or temporary or ad-hoc is liable to retire on attaining age of superann