HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL No. - 405 of 2018 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard. 2. After hearing the appeal, going through the counter affidavit as also the response which has been filed today and is taken on record, what comes out is that though the group-D posts were created on 12.12.2006 and a selection committee was constituted on 13.07.2007 for considering eligible persons for regularization on the said post in accordance with the Regularization Rules, 2001 but in the interregnum i.e. on 12.12.2006, a ban on appointment was made. On a clarification / permission being sought vide letter dated 29.08.2007, it is only on 14.11.2007 that the State Government permitted/ clarified that regularization under the regularization of daily wages employees under the Rules of 2001 could be made. Thereafter, meeting of the selection committee was convened and ultimately on 22.09.2008, a recommended regularization of services of the appellant which culminated in his regularization during pendency of the writ petition vide order dated 19.01.2010. We do not find any error in considering appellant's regularization. The only reason we were trying to explore as to whether the regularization order could be given effect from a date prior to it so that the appellant may satisfy the minimum qualifying service under the Old Pension Scheme i.e. ten years, however, we find that it is the New Pension Scheme which will apply to the appellant, therefore, this issue does not have any bearing on his post-retiral dues. Versus Counsel for Appellant(s) : Pankaj Verma Counsel for Respondent(s) : C.S.C. Abdul Naim Khan (Died) Thru. Legal Representative Smt. Umme Khulsum And Others .....Appellant(s) State Of U.P.Thru.Secy.Deptt.Of Alp Sankhya Kalyan And 2 Ors. .....Respondent(s) Even if what we proposed earlier that is to consider treating him as regularized with effect from 27.12.2006 even then the regular appointment will be subsequent to 01.04.2005 which is the cut off date for coming into force of the New Pension Scheme which will apply and not the Old Pension Scheme wherein there is no such requirement of qualifying service. We may in this regard refer to a Division Bench judgment of which one of us was a member bearing Writ-A No.23244 of 2016 'Ashok Tewari vs. State of U.P. & Ors.'. This issue is inconsequential for the reasons given above. We do not find any error in the judgment of learned Single Judge. 3. Accordingly, the appeal is dismissed. December 8, 2025 Shanu/- SPLA No. 405 of 2018 2 (Indrajeet Shukla,J.) (Rajan Roy,J.) Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench