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2015 Supreme(All) 726

DILIP GUPTA, VINOD KUMAR MISRA
NAVRANG LAL SRIVASTAVA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
K. Shahi and O.P. Mishra for the Appellant; C.S.C. for the Respondents.

JUDGMENT

By the Court.—This Special Appeal has been filed under Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952 against the judgment dated 23 July 2013 of a learned Judge of this Court by which Writ-A No. 32312 of 2011 filed by the appellant was dismissed.

2. The said writ petition was filed with a prayer that the provisions contained in Clause (ii) of Article 370 of Civil Services Regulations (the Regulations), insofar as it denies service rendered in a work charged establishment to be computed as qualifying service for pension, be declared arbitrary and violative of Articles 14 and 16 of the Constitution. A further relief that was claimed in the writ petition was that the order dated 29 October 2010 passed by the Executive Engineer, Rihand Dam Construction Division, Sonbhadra rejecting the claim of the writ petitioner for adding the period of service rendered by him in a work charged establishment for pension, should be set aside.

3. The learned Judge did not accept the plea of the writ petitioner for the reason that there was no pleading to substantiate his claim that the service rendered in a work charged establishment can be placed at par with the service rendered










































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