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2015 Supreme(All) 871

D. Y. CHANDRACHUD, YASHWANT VARMA
STATE OF U. P. – Appellant
Versus
RAM NAGINA LAL SRIVASTAVA – Respondent


Advocates:
Counsel :
A.K. Roy and S.C. for the Appellants; Vivek Kumar Singh for the Respondent.

JUDGMENT

By the Court.—The right of a person to have the period of service spent in a work charged establishment included in the total length of service for the purposes of computation of pension stood considered and authoritatively ruled upon by two Division Benches of this Court in Jai Prakash v. State of U.P. and 4 others, 2014(2) ADJ 169 and in Navrang Lal Srivastava v. State of U.P. and 2 others, Special Appeal No. 1306 of 2013, decided on 16 July, 2015. The Court in Jai Prakash (supra) and Navrang Lal Srivastava (supra) extensively noted the judgements rendered on the subject by the Hon’ble Supreme Court and by various Benches of this Court and ultimately held that the services rendered by an employee in a work charged establishment cannot be counted for the purposes of computing the ten years qualifying service for payment of pension. The State however, is in appeal against a judgement rendered by a learned Single Judge on 11 February 2015 in terms of which the writ petition preferred by the sole respondent (original petitioner) has come to be allowed and a writ issued to the appellants herein to compute his pension and other retiral benefits after counting the service of the






























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