Service period spent in a work-charged establishment not liable to be counted for computing qualifying service

Allahabad High Court: While deciding upon a reference, a Full Bench held that the period of service rendered as a work-charged or daily wage employee is not liable to be counted for the purpose of computing “qualifying  service” as required by Regulation 370 of the Civil Services Regulations for grant of pension. This reference  was placed before the Full Bench by a Single Judge on the ground that a “serious conflict” existed between  three Division Bench decisions regarding the provision of Regulation 370 as applicable in State of Uttar  Pradesh, namely,  State of U.P. v. Panchu, Special Appeal (Defective) No. 842 of 2013; State of U.P. v. Ram Nagina Srivastava, 2015 (8) ADJ 405 (DB) and Navrang Lal Srivastava  v. State of U.P., 2013 SCC Online All 5671.

In view of the the precedent on the subject including subsequent judgments of the Supreme Court holding that such services cannot be added for computing qualifying service the Bench comprising of Dr D.Y. Chandrachud, C.J., and M.K. Gupta and Yashwant Varma, JJ. observed that there was thus no conflict, let alone a serious conflict. Observing that Regulation 370 continues to govern and hold the field the Court held that  the law was correctly declared and elucidated in Jai Prakash v. State of U.P., 2014 (2) ADJ 169 (DB), Navrang Lal Srivastava and Ram Nagina. The decision in Panchu was overruled.  [Babu v. State of U.P., Writ­ Appeal No.  60352 of 2015, decided on February 18, 2016]

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