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CLCON/774/2018
2022 Latest Caselaw 313 UK

Citation : 2022 Latest Caselaw 313 UK
Judgement Date : 21 February, 2022

Uttarakhand High Court
CLCON/774/2018 on 21 February, 2022
                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                         COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  CLCON No. 774 of 2018
                                  Hon'ble Manoj Kumar Tiwari, J.

No representation for the petitioner. Mr. J.S. Bisht, Standing Counsel for State.

Writ Petition filed by the petitioner was decided in terms of SPA No. 108 of 2014. The operative operation of the judgment passed in SPA No. 108 of 2014 is reproduced below:-

"As already observed, the provisions of Rule 370 of the Civil Service Regulations applicable to the State of Uttarakhand are pari materia with the provisions of Rule 3.17(ii) of the Punjab Civil Services Rules, discussed above. If that is so, we do not see as to why the period of service rendered on work-charged basis by the appellants should not be counted for purposes of computation of 'qualifying service' for grant of pension. The pari materia provisions of Rule 3.17(ii) of the Punjab Civil Services Rules having been interpreted and understood in the above manner by this Court in Narata Singh (supra) we do not find any room for taking any other view except to hold that the appellants are entitled to reckon the period of workcharged service for purposes of computation of 'qualifying service' for grant of pension. We order accordingly; allowed these appeals and set aside the impugned orders passed by the High Court."

Alleging non-compliance of the judgment passed in petitioner's writ petition, this contempt petition has been filed.

Mr. J.S. Bisht, Standing Counsel on instructions submits that all the retiral dues payable to the petitioner have been cleared. He refers to a pension payment order dated 24.04.2021.

Since petitioner's counsel is not present in Court today, therefore, this contempt petition be listed on 02.03.2022.

State Counsel shall also get clear instructions regarding the exact amount paid to the petitioner under different heads.

(Manoj Kumar Tiwari, J.) 21.02.2022 Shubham `

 
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