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2018 Supreme(SC) 1665
SUPREME COURT OF INDIA
S.A. BOBDE, L. NAGESWARA RAO, JJ.
Ram Deo Tiwari - Appellant
Versus
The State Of U.P. & Ors. – Respondents
Civil Appeal No. 2896 of 2018 (Arising out of SLP(C) No.9070 of 2016)
Decided on : 16-03-2018.
Advocate Appeared:
For the Petitioner: Mr. R.D. Upadhyay, Mr. G.G. Upadhyay, Mr. U.K. Shandilya, Ms. Asha Upadhyay, Mohd. Shahid Hussain, Adv.
For the Respondent: Mrs. Rachna Gupta, Mr. Vikas Chaudhary, Mr. Siddhant S Malik, Adv.
The period of work-charged service must be reckoned for the purpose of computation of 'qualifying service' for grant of pension.
Headnote:
Pension - Work-Charged Service - The court held that the period of work-charged service must be reckoned for the purpose of computation of 'qualifying service' for grant of pension.
Fact of the Case:
The appellant appealed against the High Court's order denying relief due to the absence of a Rule or Scheme to count the period of work-charged service for pension computation.
Finding of the Court:
The court set aside the impugned order and directed the respondents to compute the appellant's pension by including the period of work-charged service.
Issues: The issue was whether the period of work-charged service should be considered for the computation of 'qualifying service' for pension grant.
Ratio Decidendi: The court relied on the precedent that the period of work-charged service must be reckoned for the purpose of computation of 'qualifying service' for grant of pension.
Final Decision: The appeal was allowed, and the respondents were directed to compute the appellant's pension after taking into account the period of work-charged service.
ORDER :
1. Leave granted.
2. This appeal is directed against the order passed by the High Court of Judicature at Allahabad, Lucknow Bench in Special Appeal (defective) No. 24/16, dated 22.01.2016, whereby the High Court has denied relief to the appellant on the ground that there is no Rule or Scheme framed by the State to count the period when the employee worked on a work-charged basis.
3. Learned counsel for the appellant has brought to our notice the judgment and order of this Court in the case of Habib Khan vs. State of Uttarakhand & Ors. (C.A. No. 10806/2017) and connected matters, where this Court has held that the period of work-charged service must be reckoned for the purpose of computation of 'qualifying service' for grant of pension. We are in respectful agreement with the afore-mentioned decision.
4. Hence, the impugned order is set aside and the respondents are directed to compute the pension of the appellant after taking into account the period of work-charged service.
5. The appeal is allowed accordingly.
