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2016 Supreme(All) 167

D. Y. CHANDRACHUD, MANOJ KUMAR GUPTA, YASHWANT VARMA
BABU @ BABU RAM – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Anuj Kumar and Sheo Ram Singh for the Petitioner; C.B. Yadav, Shashank Shekhar Singh and Additional C.S.C. for the Respondents.

JUDGMENT

By the Court.—This reference has been placed before the Full Bench consequent to a learned Single Judge forming the opinion that a “serious conflict” existed between three Division Bench decisions of the Court. The issue arises with reference to the provisions of Regulation 370 of the Civil Services Regulations as applicable in the State of U.P. The issue is whether the period of service rendered as a work charged or a daily wage employee is liable to be counted for the purposes of computing “qualifying service” as required by Regulation 370 for the grant of pension. The judgments rendered by the Division Benches of the Court, which were noticed by the learned Single Judge, were: (a) State of U.P. and others v. Panchu, Special Appeal Defective No. 842 of 2013 decided on 2.12.2013; (b) State of U.P. and others v. Ram Nagina Lal Srivastava, 2015(8) ADJ 405 (DB); and (c) Navrang Lal Srivastava v. State of U.P. and others, 2015(7) ADJ 655 (DB). We note that the judgment rendered by the Division Bench in Panchu was duly noticed and explained in Jai Prakash v. State of U.P., 2014(2) ADJ 169(DB), Ram Nagina Lal Srivastava and in Navrang Lal Srivastava and after noticing the entire



























































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