JUDGMENT :

Yogendra Kumar Srivastava, J.

1. I have the benefit of going through the judgment of my esteemed sister Hon'ble Mrs. Sunita Agarwal, J., and I am in respectful agreement with the same. However, in view of the wide expanse and scope of the issue under consideration and the varying interpretations arising therefrom, I am giving a separate concurring judgment, as follows.

2. The reference before this Larger Bench has been occasioned consequent to an order dated 25.01.2017, of a learned Single Judge, expressing a view that there was a conflict of opinion between the views expressed by the Full Bench judgment of this Court in the case of Rajendra Kumar Mishra Vs. Union of India and others, 2005 (1) UPLBEC 108 as also the judgment rendered by a Division Bench of this Court in The Director General, CRPF, New Delhi Vs. Constable No.850774845, Lalji Pandey, Special Appeal No.342 of 2010 on one hand and the orders passed by the two Division Benches of this Court in Bibhuti Narain Singh Vs. Food Corporation of India and others, Special Appeal Defective No. 785 of 2014 and the Har Govind Singh Vs. Union of India and others, Special Appeal No.158 of 2016 in the light of the judgment of