HIRA LAL Vs. STATE OF U.P

JUDGEMENT

(1.) The instant special appeal arises in respect of a judgment and order dated 30.09.2011 passed by a Learned Single Judge in Civil Misc. Writ Petition No.48665 of 2011 (Hira Lal Vs. State of U.P. and others). By the impugned judgment and order, the learned Single Judge proceeded to dismiss the writ petition not finding any merit in the same.

(2.) We notice from the records pertaining to this Special Appeal that the order passed on 7th March, 2019, considers the pendency of a reference, before a larger Bench of the Supreme Court centred around the same issue, which was taken into consideration by the learned Single Judge.

(3.) The question which arose for consideration in the facts of the instant case is whether Regulation 370 of the Civil Services Regulations, which provides for excluding service in a work-charged establishment rendered by the employee for the purpose of counting the qualifying service for payment of pension is arbitrary and illegal as a similar provision under a different enactment in the State of Punjab has been struck down by the Full Bench by the Punjab and Haryana High Court, which judgment and order has been affirmed, as the civil appeal arising therefrom has been dismissed by the Supreme Court.