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2017 Supreme(SC) 1526

RANJAN GOGOI, NAVIN SINHA
Habib Khan – Appellant
Versus
State of Uttarakhand – Respondent


Advocate Appeared:
For the Petitioner:Mr. Sanpreet Singh Ajmani, Mr. Manohar Pratap, Mr. Aneesh Sharma, Ms. Aastha Vashistha, Mr. Ajit Sharma, Mr. Sanpreet Singh Ajmani, Mr. Peeyush Bhatia, Ms. Bhuvneshwari Pathak, Ms. Shilpi Satyapriya Satyam, Mr. Ashutosh Kumar Sharma, Advocates, Ms. Manju Jetley, AOR, Mr. Rahul Kaushik, AOR and Mr. Jatinder Kumar Bhatia, AOR.

ORDER :

RAJAN GOGOI, J.

1. Delay condoned in Special Leave Petition (Civil) No.11725 of 2015.

2. Leave granted in all the Special Leave Petitions.

3. The period of service rendered by the appellants was directed to be counted for computing 'qualifying service' for purposes of pension by the State Public Service Tribunal. Writ Petition No.24 of 2007 filed by the State against the said order was dismissed. The petition for special leave to appeal filed by the State against the order of dismissal of the Writ Petition was also dismissed by this Court. In between, a Full Bench of the Uttarakhand High Court took the view that the period of work-charged service cannot be counted for computation of the period of 'qualifying service'. On the basis of the aforesaid decision of the Full-Bench of the Uttarakhand High Court, review of the order dismissing Writ Petition No.24 of 2007 was sought which was allowed by order dated 27th July, 2012. The said order dated 27th July, 2012 was challenged before this Court and was dismissed as withdrawn. In the meantime, on the basis of the order passed in the review petition the matter was re-heard and the High Court by order dated 26th May, 2015 held that th










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