Shabihul Hasnain, J.— Heard Sri D. K. Tripathi, learned counsel for the petitioner as well as learned Standing counsel. The petitioner has prayed for a writ of mandamus directing the opposite parties to provide the pension to the petitioner with effect from the date of his retirement i.e. 31.8.2007 with all consequential benefits counting entire service of the petitioner and the same be clubbed for computation of qualifying services. The petitioner was initially appointed on the post of Beldar in the year 1978 as a muster roll employee and thereafter he was declared in the work charged establishment after completion of 8 years of satisfactory services on the said post on 1.4.1986 in the pay scale. Thereafter, the services of the petitioner were regularized on 27.11.1998. In all, the petitioner has worked in the department for almost thirty years. These facts are not disputed by the opposite parties. The petitioner retired on 31.8.2007 and since his services were regularized on 27.11.1998, he did not have ten years of regular services to his credit at the time of his retirement. Since there was deficiency of about one year, two months and 26 days, the opposite parties refused to grant pension to the petitioner on the ground that work charged/daily wage services can not be computed for the purposes of allowing pensionary benefits. This question has perturbed the Court every time the case is filed before the Court. There are a number of judgments and a lot of confusion has always been there in the minds of the executive whether or not to grant pension by computing the work charge periods of the employee. Sri D. K. Tripathi has forcefully argued that thirty years is a pretty long time for a man which he has spent in the services of the department. After putting best years of his life if an employee is not given the pensionary benefits, the charm of working in a department will be lost on the incumbents. If a person spends his youth in the services of the department it is expected in a welfare State that he may be looked after when his bones are old. Keeping this philosophy in mind the pensionary schemes have been introduced in the government department. It has been observed that regularization of services mostly depends on the sweet will of the officers. Keeping this philosophy in mind the pensionary schemes have been introduced in the government department. It has been observed that regularization of services mostly depends on the sweet will of the officers. If a person has worked for thirty years it is hard to imagine that a post will not be there for regularization even after twenty years. If the officers are little careful, considerate, open minded little benevolent, they will see to it that an employee gets regularized at a time when he gets at least ten years of qualifying services. Often posts kept lying vacant, meetings are not held, advertisements are not issued, notices are not given and a careless attitude is adopted towards regularization, resulting in precious time being lost, which could have been computed in favour of the employee towards calculations for pensionary benefits. The said view was earlier taken by this Court in writ petition No.2637 (S/S) of 2009 (Mohd. Mustafa Vs. State of U.P. and others) reported in 2009 (27) LCD 1163. A Division Bench of this Court has upheld the said judgment in special appeal. Learned counsel for the petitioner has also relied upon a judgment given in special appeal defective No.2624 of 2013 (State of U.P. through Principal Secretary, Public Works Department, Lucknow and others Vs. Prem Chandra and others). In a bunch of special appeals their Lordships have dismissed the appeal of the State and upheld the validity of the orders of learned Single Judge wherein the benefit of work charged services have been given to the petitioner. In this case, their Lordships have relied upon a judgment of Hon'ble Apex Court reported in 2010 AIR SCW 1670 (Punjab State Electricity Board and another Vs. Narata Singh and another). Their Lordships have observed that provisions of regulation 370 of the U.P. Civil Services Regulation have to be read in line with judgment of Hon'ble Apex Court in the absence of challenge to the validity of the regulation in this petition or in any other petition earlier. In view of what has been said above, the writ petition is allowed. The opposite parties are directed to count the services rendered by the petitioner in work charged establishment to the extent it is required for qualifying services of ten years. The opposite parties will give pensionary benefits to the petitioner treating him to be a regular employee for ten years. The opposite parties are directed to count the services rendered by the petitioner in work charged establishment to the extent it is required for qualifying services of ten years. The opposite parties will give pensionary benefits to the petitioner treating him to be a regular employee for ten years. The petitioner has retired in 2007. Five years have passed. He has become a senior citizen of this country. The opposite parties will be well advised and directed to complete the necessary formalities for payment of pensionary benefits, say within a maximum period of three months from the date a certified copy of this order is placed before them. The services of the work charged period shall only be counted for computing the qualifying services of ten years. _____________