D T C Vs. SATYA PAL SINGH

JUDGEMENT

(1.) This appeal challenges the order of the learned Single Judge dated March 24, 2006. The only question involved in this present appeal is whether the Respondent No.1 had put in ten years of qualifying service so as to qualify for pension in terms of a judgment of the Division Bench of this Court in LPA No.33/1998 which admittedly holds the field. The relevant portion of the said judgment in LPA.No.33/1998 reads as follows:-

(2.) The plea of the learned counsel for the appellant, Shri J.N. Aggarwal, is that the learned Single Judge was not right in extending the benefit of the said judgment in LPA No.33/1998 to the Respondent No.1 herein. He submits that although the Respondent No.1 had been in the employment of the appellant from 5.12.1982 till 30.6.1993, i.e. for more than 10 years and six months, more than 1 year 10 months was spent on leave without pay and, this period could not be counted for computing ''qualifying service'' for the purpose of pension. In support of the above plea, the learned counsel for the appellant has relied upon the definition of `qualifying service' as given in Rule 3(1)(q) of of Central Civil Services Pension Rules 1972 (in short the `CCS Rules') which reads as follows:-

(3.) Mr.Agarwal next refers to Rule 21. Rule 21 of the CCS Rules reads as follows:-