IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 284 of 2004 (S/B) Madan Mohan Chaudhary ….…… Petitioner Versus State and others ………. Respondents Mr. Bhagwat Mehra, Advocate i/b Mr. Alok Mehra, Advocate for the petitioner. Mr. B.D. Upadhyay, Addl. Advocate General for the State/respondents And Special Appeal No. 49 of 2004 State & others ….…… Appellants Versus Shiv Prasad Bijalwan & anothers ………. Respondents Mr. B.D. Upadhyay, Addl. Advocate General for the State/respondents None for the respondents Date of Judgment: 24.02.2011 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bist, J. BARIN GHOSH, C.J. (ORAL) In the writ petition, petitioner is contending that in the matter of calculation of his retiral dues, the period he served the State as a work charged employee, should also be taken note of. A similar contention was raised by the respondents in the special appeal before the Writ Court. Writ Court accepted the said contention and, accordingly, directed inclusion of the said period for the purpose of calculation of the pensionable period of service. Being aggrieved, the State preferred the appeal. 2. While a Division Bench was considering the State’s appeal, a judgment rendered by another Division Bench was brought to the notice of the Division Bench, where it was held that such period should be counted as pensionable service. The Division Bench, which was dealing with the special appeal, however, felt that the matter needs to be reconsidered by a Larger Bench. 2 3. A Larger Bench was constituted for the purpose of ascertaining whether the period spent in the work charged Department, as a work charged employee, can be taken into account for the purpose of ascertaining the period of pensionable service. The Larger Bench has felt that the same is not permissible. 4. In such view of the matter, the question of law raised in these matters, having been answered by the Larger Bench, which is binding on us, we have no other option, but to dismiss the writ petition and to allow the State appeal and set aside the judgment and order under appeal, which we do hereby, without any order as to costs. (V.K. Bist, J.) (Barin Ghosh, C.J.) 24.02.2011 24.02.2011 Aswal