Brahma Singh & Ors


Union of India & Ors.

Writ Petition Civil No. 59 of 2019

Provisions Involved

Section 3(A) of the Legal Services Authority Act; O.2 R.2 pf CPC, Article 226 of the Constitution of India, Rule 9 of the National Legal Services Authority Rule, 1995


The petitioners were serving or retired employees of the SC Legal Services Committee in various capacities. The issue was whether the services rendered by the petitioner in the SC Legal Aid Committee and SC Legal Aid Services Committee will be counted while calculating their qualifying services for the determination of Pensions.



Devandra Pratap Narian Rai Sharma v. State of Uttar Pradesh & Ors.:- the bar on which the HC relied will not apply to a petition for a high prerogative writ. And the HC had disallowed the claim of the appellant for salary and court thought that to interfere in that would not be justified; Gulabchand Chhotala Parikh v. State of Gujarat AIR 1965 SC 1153: The provision donot apply on the content of a writ petition and consequently donot apply to the contents of the subsequent suits.


The petition was allowed and both will be treated as qualifying service for the purpose of pension and shall be taken into consideration for calculating their retiral benefits. And further stated that pending application if there is any will be disposed of.