A.P.SAHI, ATTAU RAHMAN MASOODI
Ram Kishan – Appellant
Versus
State of U. P. Thru. Prin. Secy. ,Lok Nirman Vibhag – Respondent
This writ petition, inter alia, seeks to challenge the validity of Regulation 370 (I) of the U.P. Civil Service Regulations and a further prayer for computation of past services rendered in work charge establishment has been made 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.
2. At the very outset we may note that the position of law and the view expressed in a Full Bench judgment of this Court rendered in Writ-A No. 60352 of 2015 : Reported in 2016 (2) ALJ 571 as regards the computation of past services rendered by an employee in a work charge establishment is already settled 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 bear in mind the distinguishing features of the statutory regime in the backdrop of which it came to be delivered. As noted above, Rule 3.17(ii) of the Punjab Civil Service Rules had been struck down. The absence of Rule 3.17(ii) from the statute book formed the
State of Karnataka v. Uma Devi (2006) 4 SCC 1: AIR 2006 SC1806 (Para 9)
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