A Division Bench of this court, in Writ Petition No. 284 (S/B) of 2004, Madan Mohan Chaudhary Vs. State of Uttarakhand and others, has referred following question to the Larger Bench, constituted by Hon’ble the Chief Justice:-

Whether, the Government Order dated 1st July 1989, referred in the judgment of the Division Bench (in Special Appeal No. 225 of 2008, State of U.P. and another Vs. Pitamber Dutt Sanwal, arisen out of Writ Petition No. 843 (S/S) of 2003) applies to work-charge employees, or not?

2) Brief facts of the case in Writ Petition No. 843 (S/S) of 2003, Pitamber Dutt Sanwal Vs. State of U.P. and another, decided on 24.07.2008 by this court, were that the writ petitioner of said case was appointed as Driver on work-charge basis on 04.10.1977, in Jamrani Bandh Project under Irrigation Department of State of Uttar Pradesh. He rendered his service as such till 27.05.1995, where after he was regularized and brought under regular establishment. He retired on attaining age of superannuation on 31.05.2000. He filed Writ Petition No. 843 (S/S) of 2003, directing respondent No. 2 Executive Engineer, Ban Sagar Nahar, Nirman Khand –6, Mirzapur to p