PREM SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The question involved in the present matters is whether Rule 3(8) of the U.P. Retirement Benefit Rules, 1961 (in short "Rules of 1961") and Regulation 370 of the Civil Services Regulation of Uttar Pradesh should be struck down having regard to the fact that this Court has upheld the decision regarding pari materia provision enacted in the State of Punjab which excluded computation of the period of work-charged services from qualifying service for pension. This Court has affirmed the decision of the High Court of State of Punjab and Haryana rendered in Kesar Singh v. the State of Punjab, 1988 AIR(P&H) 265.

(2.) A Division Bench of this Court has referred the matter to be considered by a larger bench. Hence the matter is before us.

(3.) The facts are being narrated from Prem Singh v. State of Uttar Pradesh (C.A. No.________of 2019 @ SLP (Civil) No.4371 of 2011). The appelant was appointed as a Welder in the year 1965 in a work-charged establishment (Ram Ganga River Valley Project, Kalagarh). He was transferred from one place to another and thereafter ultimately the Selection Committee recommended for regularization of his services. His services were regularized on 13.3.2002 and was posted as Pump Operator in the pay scale of Rs.3050-4590 in the regular establishment. He superannuated on 31.1.2007. Then he filed a writ petition in the High Court on 31.7.2008 to count period spent in the work-charged establishment as qualifying service under the Rules of 1965. The High Court directed to submit a representation, accordingly it was filed which met with rejection on 12.12.2008. Yet another representation filed also met with the same fate vide order dated 23.3.2009. The writ petition and special appeal had been dismissed.