Court No. - 4
Case :- SPECIAL APPEAL No. - 903 of 2008 Appellant :- State Of U.P. & Others Respondent :- Raghurai Giri Counsel for Appellant :- Abhinava Upadhya, S.C.
Counsel for Respondent :- Anil Kumar Aditya
Hon'ble Bala Krishna Narayana,J. Hon'ble Irshad Ali,J.
Heard Sri Birendra Pratap Singh, learned Standing Counsel for the State.
The instant special appeal has been filed by the State challenging the judgement and order dated 20.07.2006 passed by the learned Single Judge in Civil Misc. Writ Petition No. 49816 of 2002.
On bare perusal of impugned judgement and order, it transpires that the learned Single Judge after considering the material on record, has directed to ensure the payment of pension to the petitioner-respondent by including the work-charged service rendered by him as well as gratuity together with interest 6% per annum from the date of entitlement till the date of payment.
Learned Standing Counsel has very fairly submitted before us that the view taken by the learned Single Judge stands fortified by the law laid down by the Supreme Court in the case of Habib Khan Versus State of Uttarakhand & Ors., Civil Appeal No. (S) 10806 of 2017.
In view of the above, we do not find that the learned Single Judge committed any error, illegality or legal infirmity warranting any interference by this Court.
This appeal lacks merit and is accordingly dismissed.
Order Date :- 23.2.2018 KS