HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 4016 of 2025 Court No. - 32 HON'BLE CHANDRA DHARI SINGH, J. 1. The instant petition has been filed seeking for the following reliefs:- " Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 10.02.2025 passed by Deputy Director of Education (Secondary) Azamgarh Region Azamgarh, whereby he has discarded the entitlement of pension of petitioner (Annexure no. 1 in the writ petition). II. Issue a writ, order or direction in the nature of mandamus directing/commanding Respondent no. 4 to count the service rendered by the petitioner as ad-hoc service, which has been rendered before the regularization dated 22.03.2016, as qualifying service for pension and other dues, within stipulated period as may be specified by this Hon'ble Court." 2. Sri Gopal Ji Rai, learned counsel appearing on behalf of petitioner submitted that impugned order dated 10.02.2025 passed by Deputy Director of Education (Secondary) Azamgarh Region Azamgarh rejecting the pensionery 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 8 years and 9 days from the date of his regularization until the superannuation. It is further submitted that the qualifying service period of 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 service rendered by the petitioner as on ad-hoc basis continuously. Learned counsel appearing on behalf of petitioner submitted that the qualifying length of service for Versus Counsel for Petitioner(s) : Gopal Ji Rai Counsel for Respondent(s) : C.S.C. Ram Daras Ram .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) 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 8 years and 9 days 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 has 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 Amresh Kumar Tiwari, learned 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 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 Gopal Ji Rai, learned counsel for the petitioner and Sri Amresh Kumar Tiwari, learned Standing Counsel appearing on behalf of 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, the impugned order dated 10.02.2025 passed by Deputy Director of Education (Secondary) Azamgarh Region Azamgarh, is set aside. 6. The respondent no.4- Deputy Director of Education (Secondary) Azamgarh Region Azamgarh is directed to consider the claim of the WRIA No. 4016 of 2025 2 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 8, 2025 AKT WRIA No. 4016 of 2025 3 (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad