HABIB KHAN Vs. STATE OF UTTARAKHAND
LAWS(SC)-2017-8-151
SUPREME COURT OF INDIA
Decided on August 23,2017

HABIB KHAN Appellant
VERSUS
STATE OF UTTARAKHAND Respondents


Referred Judgements :-

PUNJAB STATE ELECTRICITY BOARD VS. NARATA SINGH [REFERRED TO]
KESAR CHAND VS. STATE OF PUNJAB [REFERRED TO]



Cited Judgements :-

SAJEEVAN LAL VS. STATE OF U. P. [LAWS(ALL)-2023-1-162] [REFERRED TO]
UNION OF INDIA VS. GANDIBA BEHERA [LAWS(SC)-2019-11-26] [REFERRED TO]
STATE OF U. P. VS. RAJ BAHADUR PASTOR [LAWS(ALL)-2022-1-125] [REFERRED TO]
UDAY SINGH VS. DAMODAR VALLEY CORPORATION [LAWS(CAL)-2024-1-23] [REFERRED TO]
AVINASH SHARMA VS. TATA POWER DELHI DISTRIBUTION LTD. [LAWS(DLH)-2021-11-172] [REFERRED TO]
BALI RAM SINGH VS. STATE OF U.P. [LAWS(ALL)-2021-12-160] [REFERRED TO]
AHANTHEM ABANI SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2022-4-6] [REFERRED TO]
SWETAPADMA SAMAL VS. STATE OF ODISHA [LAWS(ORI)-2023-9-107] [REFERRED TO]


JUDGEMENT

RAJAN GOGOI,J. - (1.)Delay condoned in Special Leave Petition (Civil) No. 11725 of 2015.
(2.)Leave granted in all the Special Leave Petitions.
(3.)The period of service rendered by the appellants was directed to be counted for computing 'qualifying service' for purposes of pension by the State Public Service Tribunal. Writ Petition No.24 of 2007 filed by the State against the said order was dismissed. The petition for special leave to appeal filed by the State against the order of dismissal of the Writ Petition was also dismissed by this Court. In between, a Full Bench of the Uttarakhand High Court took the view that the period of work-charged service cannot be counted for computation of the period of 'qualifying service'. On the basis of the aforesaid decision of the Full-Bench of the Uttarakhand High Court, review of the order dismissing Writ Petition No.24 of 2007 was sought which was allowed by order dated 27th July, 2012. The said order dated 27th July, 2012 was challenged before this Court and was dismissed as withdrawn. In the meantime, on the basis of the order passed in the review petition the matter was re-heard and the High Court by order dated 26th May, 2015 held that the period of work-charged service cannot be counted for reckoning of the period of 'qualifying service'. While the order dated 26th May, 2015 is the subject matter of challenge in appeal arising out of Special Leave Petition (Civil) No.7434 of 2016 and in appeal arising out of Special Leave Petition (Civil) No.9991 of 2016, the order of the Full Bench is the subject matter of challenge in appeal arising out of Special Leave Petition (Civil) No.11725 of 2015.


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