HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14395 of 2025 Court No. - 32 HON'BLE CHANDRA DHARI SINGH, J. 1. The instant petition has been filed seeking for the following reliefs:- "i. Issue a writ, order or direction in the nature of certiorari to quash the order dated 30.05.2025 passed by respondent no. 2/Deputy Director of Education Aligarh Region, Aligarh (Annexure No. 5 to this writ petition). ii. Issue a writ, order or direction in the nature of mandamus directing the respondents to reckoning the service rendered by the petitioner on ad-hoc basis prior to his regularization. iii. Issue a writ, order or direction in the nature of mandamus directing the respondents to pay interest of 12% on the delay payment of post of retirement dues to the petitioner. iv. Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the gratuity amount payable to the petitioner after his retirement on the age of 60 years on 31.03.2025 with 12% interest. v. Issue a writ, order or direction in the nature of mandamus directing the respondents to grant pension treating the services of the petitioner rendered by him on ad-hoc basis prior to his regularization as qualifying service for granting pension." 2. Sri R.C. Dwivedi, learned counsel appearing on behalf of petitioner submitted that impugned order dated 30.05.2025 passed by Deputy Director of Education (Secondary) Aligarh, Region Aligarh, rejecting the Versus Counsel for Petitioner(s) : Ramesh Chandra Dwivedi Counsel for Respondent(s) : C.S.C. Shyam Krishna .....Petitioner(s) State Of Up And 4 Others .....Respondent(s) pensionary benefit on the ground that petitioner has not completed his qualifying service of 10 years. It is further submitted that petitioner's length of service is 9 years from the date of his regularization until the superannuation. It is further submitted that the qualifying service period for getting pension under Rule 19 (b) of the Uttar Pradesh State Aided Educational Institutions Employees Contributory Provident Fund- Insurance-Pension Rules 1964 (herein-after referred as Rules, 1964 ) is a minimum of 10 years. It is vehemently submitted that since while calculating the qualifying length of service for the purpose of entitlement of pension, the respondent has excluded the period of continuous service rendered by the petitioner on ad-hoc basis. Learned counsel appearing on behalf of petitioner submitted that the qualifying length of service for the purpose of entitlement of pension shall be calculated from the date of appointment as ad-hoc basis and while continuing service as ad-hoc teacher, he was regularized and thereafter, he has completed 9 years of service as regular Assistant Teacher. Therefore, the entire service length of petitioner is more than 10 years. It is further submitted that the issue as such has already been settled by the Division Bench of this Court vide order dated 01.05.2025 in Special Appeal Defective No. 123 of 2025. It is further submitted that Special Leave to Appeal had also been filed before Hon'ble Supreme Court against the order dated 01.05.2025 passed by the Division Bench and the same has been dismissed vide order dated 16.06.2025. Learned counsel appearing on behalf of petitioner submitted that in view of the above, the instant writ petition may be disposed of in light of settled propositions of law as held by Hon'ble Division Bench of this Court. 3. Per contra, Sri R.P. Dubey, learned Additional Chief Standing Counsel appearing on behalf of State-respondents fairly conceded that the issue for calculation of length of service for entitlement of getting pension has already been settled by the Division Bench of this Court. It is also submitted by learned Additional Chief Standing Counsel that instant writ petition may also be disposed of in light of the judgement passed by the Division Bench of this Court. 4. Heard Sri R.C. Dwivedi, learned counsel for the petitioner and Sri R.P. Dubey, learned Additional Chief Standing Counsel appearing on behalf of WRIA No. 14395 of 2025 2 State-Respondents and perused the contents made in the writ petition as well as orders referred as above by learned counsel appearing on behalf of petitioner during arguments. 5. Taking into consideration the aforesaid submissions and the orders as referred above, I am of the view that entire issue regarding calculation of length of service for the purpose of entitlement of getting pension of the petitioner has already been settled by the Division Bench of this Court, accordingly the impugned order dated 30.05.2025 passed by Deputy Director of Education (Secondary) Aligarh, Region Aligarh, is set aside. 6. The respondent no. 2- Deputy Director of Education (Secondary) Aligarh, Region Aligarh is directed to consider the claim of the petitioner while calculating the length of service as per the ratio of order dated 01.05.2025 passed by the Division Bench of this Court and pass appropriate and reasoned order expeditiously, preferably within a period of four weeks from the date of receipt of certified copy of this order. 7. With the aforesaid observations, the writ petition is disposed of. September 23, 2025 Vibha Singh WRIA No. 14395 of 2025 3 (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad