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2016 Supreme(All) 415

A.P.SAHI, ATTAU RAHMAN MASOODI
MUNNA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Arvind Kumar Vishwakarma and Raj Kumar Singh for the Petitioner; C.S.C and Shailendra Singh Chauhan for the Respondents.

JUDGMENT

By the Court.—This writ petition seeks to challenge the validity of Regulation 370 (I) and (II) of the U.P. Civil Service Regulations and a further claim for the computation of past daily wage services has been made so as to qualify the minimum requirement of 10 years’ service for the purpose of payment of pension. In so far as the validity of Regulation 370 is concerned, it is to be noted that the same has been questioned on the touchstone of Article 14 of the Constitution of India, however, the plea has not been dealt with in the writ petition on the strength of any cogent reasoning or justification except by making a reference to the Full Bench judgement rendered by Punjab & Haryana High Court in AIR 1988 P&H 265.

2. At the outset we may note the position of law and the view expressed in a Full Bench judgement of this Court rendered in Babu @ Babu Ram v. State of U.P., 2016(3) ADJ 149 (FB), as regards the computation of past services rendered by an employee in a work charge establishment and the opinion so expressed for ready reference may be extracted as under:

“We accordingly conclude that the judgments of this Court which proceeded to follow Narata Singh failed to bea




















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