The main legal point established is the interpretation of the Government Order and Civil Service Regulations regarding pension entitlement for temporary and work-charged employees.

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 pay amount of provident fund, insurance, pension and other pensionary benefits with interest. Learned Single Judge of this court vide his judgment and order dated 24.07.2008, following the judgment and order dated 03.03.2006, passed in Special Appeal No. 93 of 2004, State of U.P., through Engineer-In-Chief, Public Works Department, Lucknow and another Vs. Anand Singh, allowed the writ petition and directed the respondent No. 2 of said writ petition to release the pensionary benefits. Aggrieved by said judgment and order dated 24.07.2008, State of U.P., and Executive Engineer of Irrigation Department of said State filed Special Appeal No. 225 of 2008. A Division Bench of this court decided said appeal vide its order dated 27.04.2010, whereby it dismissed the appeal holding that Government Order dated 01.07.1989, issued by State of U.P., shall be applicable to the writ petitioner of said case (Pitamber Dutt Sanwal), as he stood to have rendered ten years service on temporary basis. The contention of the appellants that only the period from 27.05.1995 (date of regularization) to 31.05.2000 (date of superannuation) was the period to be considered as regular service (which was less than ten years) was not accepted by the Division Bench of this court. When said judgment and order dated 27.04.2010, passed in Special Appeal No. 225 of 2008, was referred by present writ petitioner Madan Mohan Chaudhary in Writ Petition No. 284 (S/B) of 2004 before the Division Bench, the Division Bench hearing the writ petition felt that it was not in a position to follow the aforesaid judgment, and referred the matter to the larger bench for answering the question, quoted above.

3. Since, the answer to the question involves interpretation of the Government Order dated 1st July 1989, we think it just and proper to quote the Government Order. The same reads as under:

“mRRkj izns’k ljdkj

foRr ¼lkekU;½ vuqHkkx&3

Lka0 % Lkk0&3&1152@nl&915@89

Yk[kuÅ % fnukad 1 tqykbZ] 1989

dk;kZy; Kki

fo"k; % vLFkk;h ljdkjh lsodksa dh lsok fuo`fRr @e`R;q ij isU’kujh ykHkksa dh vuqeU;rkA

egksn;]

mi;qZDr fo"k; ij v/kksgLrk{kjh dks ;g dgus dk fuZns’k gqvk gS fd flfoy lfoZl jsxqys’kUl ds vuqPNsn 368 dh O;oLFkk ds vuqlkj jkT; ljdkj ds vUrZxr dh x;h lsok isa’ku gsrq rc rd vgZ ugh ekuh tkrh gS tc rd fd ljdkjh lsod fdlh in ij LFkk;h u gks x;k gksA ljdkjh lsodksa ds ;Fkk le; LFkk;hdj.k fd;s tkus gsrq 'kklu ds fo|eku vkns’kksa ds ckotwn dqN ekeyksa esa izfdz;k lEcU/kh vis{kk;sa iwjh u gks ikus ds dkj.k lEcfU/kr deZpkjh LFkk;h gq, fcuk gh vf/ko"kZrk ij lsok fuo`Rr gks tkrs gS ftlls mUgs isU’kuh; ykHk] vuqeU; ugha gks ikrs gSA

2& mijksDrkuqlkj vLFkk;h jgrs gq, lsok fuo`Rr gks tkus ds dkj.k ljdkjh lsodksa dks gksus okyh dfBukb;ksa dks nwj fd;s tkus dk iz’u dkQh le; ls 'kklu ds fopkjk/khu jgk gS