JUDGMENT :

Subhash Vidyarthi J.

1. Heard Dr. L. P. Mishra, Sri S. S. Rajawat, Sri Yogendra Kumar Mishra, Sri Dileep Gautam, Sri Devi Prasad Maurya, Sri Kuldeep Pati Tripathi, learned Additional Advocate General assisted by Sri Rohit Nandan Shukla, learned Standing Counsel, Sri Shailendra Kumar Singh, learned Chief Standing Counsel assisted by Sri Vivek Shukla, the learned Additional Chief Standing Counsel and Sri. Amitabh Rai, the learned Additional Chief Standing Counsel for the respective parties.

2. Review Application No. 121 of 2022 has been filed for review of the judgment and order dated 21.06.2021 passed by a coordinate Bench of this Court whereby the Special Appeal Defective No. 259 of 2020 filed by the appellant against the judgment and order dated 26.02.2019 passed by the learned Single Judge allowing Writ Petition No. 8737 (S/S) of 2011 filed by the opposite party-petitioner and holding that the opposite party-petitioner is entitled for retiral benefits, including pension, taking into account his services rendered as a Seasonal Collection Amin on temporary basis, has been set aside.

3. The opposite party-petitioner in Writ Petition No. 8737 (S/S) of 2011 was initially appointed as Seasonal Collection Peon on 01.08.1979 and thereafter he was appointed as regular Collection Peon under the quota meant for direct recruitment from amongst Seasonal Collection Peon under the provisions of the relevant Service Rules. The case set up by the opposite party-petitioner is that his appointment as Seasonal Collection Peon was a temporary appointment and, as such, in terms of the provisions contained in U. P. Retirement Benefit Rules, 1961, the services rendered by him as a Seasonal Collection Peon are to be counted for the purposes of reckoning the “qualifying service” for payment of pension.

4. Review Application No. 117 of 2022 has been filed for review of the judgment and order dated 22.04.2022 passed by this Bench whereby the special appeal filed by the appellant against the judgment and order dated 17.09.2021 dismissing Writ Petition No. 20874 (S/S) of 2021, was dismissed and the order passed by the Hon’ble Single Judge holding that services rendered by the petitioner as a Seasonal Collection Amin cannot be taken into consideration as qualifying service for the purpose of payment of pension, has been affirmed.

5. The case set up by the opposite party-petitioner in Writ Petition No. 20874 (S/S) of 2021 was that his appointment as Seasonal Collection Peon was a temporary appointment and, as such, in terms of the provisions contained in U.P. Retirement Benefit Rules, 1961, the services rendered by him as Seasonal Collection Peon are to be counted for the purposes of reckoning the “qualifying service”.

6. Special Appeal Defective No. 84 of 2023 has been filed by the State against the judgment and order dated 13.09.2022 passed by an Hon’ble Single Judge allowing Writ A No. 4305 of 2021 and directing the respondents to compute pensionary benefits payable to the petitioner after taking into account the service rendered by the petitioner as a Seasonal Collection Amin.

7. The Special Appeal Defective No. 307 of 2022 has been filed by the State against the judgment and order dated 23.09.2022, passed by Hon’ble Single Judge, whereby the petition was allowed in terms of the aforesaid order dated 13.09.2022, passed in Writ-A No.4305 of 2021.

8. As to whether the services rendered as a Seasonal Collection Peon are to be taken into account for the purposes of reckoning the qualifying service for pension or not, is the issue involved in all these connected matters.

9. Presently, the service conditions of the Collection Amins are regulated by The Uttar Pradesh Collection Amins’ Rules, 1974 (which will hereinafter be referred to as ‘the Rules of 1974), which came into being with effect from 24.08.1974.

10. On 24.05.2022, this Court had passed an order directing the State to furnish information on the following points: -

(i) As to whether there are any se