(S.A. Bobde and L. Nageswara Rao, JJ.)
Ram Deo Tiwari ___________________________________ Appellant;
v.
State of U.P. and Others _________________________ Respondent(s).
Civil Appeal No. 2896 of 2018 [Arising out of SLP(C) No. 9070/2016], decided on March 16, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. This appeal is directed against the order passed by the High Court of Judicature at Allahabad, Lucknow Bench in Ram Deo Tiwari v. State of U.P.1, dated 22.01.2016, whereby the High Court has denied relief to the appellant on the ground that there is no Rule or Scheme framed by the State to count the period when the employee worked on a work-charged basis.
3. Learned counsel for the appellant has brought to our notice the judgment and order of this Court in Habib Khan v. State of Uttarakhand2 and connected matters, where this Court has held that the period of work-charged service must be reckoned for the purpose of computation of ‘qualifying service’ for grant of pension. We are in respectful agreement with the afore-mentioned decision.
4. Hence, the impugned order1 is set aside and the respondents are directed to compute the pension of the appellant after taking into account the period of work-charged service.
5. The appeal is allowed accordingly.
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1 Special Appeal Defective No. 24 of 2016, order dated 22-1-2016 (All)
2 Civil Appeal No. 10806 of 2017, order dated 23-8-2017 (SC)
