Judgment [Per: Hon'ble Mr. Justice J.C.S. Rawat, Chairman]

1. On reference made by the Division Bench of this Court comprising of Hon'ble V.K.Maheshwari, Vice Chairman (J) and Hon'ble Sri U.D.Chaube, Member (A), the Full Bench was constituted to answer the following,

"Whether the period of service rendered in work charge establishment can be counted for the purpose of pensionary benefits."

2. Before answering the reference, it would be appropriate to consider the facts which have resulted in making present reference. The petitioner filed a claim petition before the Division Bench claiming a direction to the respondents to take into account the period of service rendered by him in work charged establishment for fixation of pension and to make the payment of arrears of pension and cost of Rs.10,000/-. There is no dispute that the petitioner was appointed by the Executive Engineer Hydel Power Corporation, Construction Division, Dakpatthar, Dehradun on 3.9.1970 in the work charged establishment. Later on his services were regularized on 4.9.1973. Thereafter the petitioner was regularly working as a Trainee Supervisor in the regular establishment and thereafter he was appointed Junior Eng

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