ORDER :

This Larger Bench has been constituted by Hon’ble the Acting Chief Justice to adjudicate and answer the following question :

“Whether the views expressed in CWP No.3396 of 2021 and Ex. Pet. No.117 of 2018 in CWP No.267 of 2015 OR the view expressed in the present judgment is the appropriate application of the judgment of the Hon’ble Supreme Court in Sunder Singh’s case.”

2. Sunder Singh was appointed, on 1.1.1993, as a Baildar on daily-waged basis. His services were regularised with effect from 1.1.2002 after completion of 8 years service, and he retired on 31.1.20211, after serving, on regular basis, for 9 years 1 month. On account of denial of pension, for not having completed qualifying service of 10 years at his credit, as required under CCS (Pension) Rules, 1972, he approached this Court, by filing CWP No.3496 of 2011, by invoking Article 226 of the Constitution of India, seeking direction to count half of his daily-waged service towards qualifying service and thereafter pay pension to him from the due date alongwith incidental benefits.

3. Claim of Sunder Singh was based upon judgment dated 19.7.2007, passed by a Division Bench of this High Court in CWP No.180 of 2001, ti