Deepak Gupta, C.J.

The short question which arises for decision in this writ petition is whether half of the service rendered by the petitioner as Muster Roll employee should be counted towards the qualifying service for calculating his pension and other retiral benefits.

2. Briefly stated the admitted facts of the case are that the petitioner started working as Muster Roll worker with effect from 3rd May, 1970 and continued to work as such till 29th August, 1977. Thereafter with effect from 30th August, 1977 he was temporarily appointed as Khalashi for three months but continued to work as Khalashi till 26th July, 1979 when he was regularly appointed as Lower Division Clerk (LDC) and joined the post on 27th July, 1979. The petitioner retired from service on 31st March, 2008 and while calculating the retiral benefits the qualifying service of the petitioner has been taken only from 27.07.1979 till 31.03.2008 and the service rendered by the petitioner as Muster Roll worker or as Khalashi has not been taken into consideration. The grievance of the petitioner is that his entire service should be counted and taken into consideration.

3. In the counter affidavit filed by the State i