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2009 Supreme(SC) 138

K. G. BALAKRISHNAN, P. SATHASIVAM, J. M. PANCHAL
Govt. of NCT of Delhi – Appellant
Versus
All India Young Lawyers Association (Regd. ) – Respondent


Advocates Appeared: For the Appellants :Brijender Chahar, Sr. Advocate, Sadhna Sandhu, Om Prakash, Anil Katiyar, Advocates. For the Respondent:Surya Kant, Shailja Sinha, Maninder Singh, Gaurav Sharma, Sumeet Bhatia, Advocates.

Judgment :

Leave granted.

This appeal has been filed by the Government of NCT of Delhi against the judgment of the High Court of Delhi dated 24th February, 2006 passed in Writ Petition No. 21211 of 2005, whereby the High Court has allowed the writ petition filed by respondent No.1 herein.

Facts:

Respondent No.1 preferred a Writ Petition being W.P.(C) No.21211 of 2005 before the High Court of Delhi, inter alia, seeking a mandamus to the appellants herein that the actual period of practice at the Bar subject to a maximum of 15 years, should be added to the total pensionable service while computing the pension and other retiral benefits in the case of a direct recruitee to the Delhi Higher Judicial Service. The High Court, after hearing both sides, by its impugned judgment held that the prayers made by the writ petitioner (respondent No.1 herein) were reasonable and directed that the Rule 26(B) be inserted in the Delhi Higher Judicial Service Rules, 1970 (for short the Rules) and weightage of fifteen years of practice or such other number of years of practice at the Bar whichever is less be given to the direct recruits while computing their pension and other retiral benefits, thereby a








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