ORDER :

Order on Delay Condonation Application

1. Heard Sri Amit Manohar, learned counsel for the appellants and Sri Raghvendra Prasad Mishra, learned counsel for the respondents.

2. Reasons for delay in filing the special appeal have been satisfactorily explained. Delay Condonation Application is consequently allowed. Office is directed to treat the appeal as having been filed within time. Regular Number would be allotted to the appeal.

Order on Special Appeal

1. Respondent was appointed as a doctor on adhoc basis by the State Government on 18.06.1988 in the Ayush Department. His services came to be regularized on 16.03.2005. The regularization order has attained finality. The respondent-petitioner has also superannuated on 28.02.2019.

2. A claim was raised before the authorities for inclusion of his services rendered as adhoc doctor relying upon Rule 3(8) of the U.P. Retirement Benefit Rules, 1961, which is reproduced hereinafter:

"Rule 3(8)- " Qualifying service" means service which qualifies for pension in accordance with the provisions of Article 368 of the Civil Services Regulations:

Provided that continuous temporary or officiating service under the Government of Uttar Pradesh follo