R.K.Gupta Vs. Union of India.
EmailAppeal: Writ Petition No.659 of 1986.
Petitioner: R.K.Gupta
Respondent: Union of India.
Apeal: Writ Petition No.659 of 1986.
Judges: E.S.VENKATARAMIAH & S. RANGANATHAN, JJ.
Date of Judgment: Oct 09, 1987
Head Note:
CIVIL SERVICE
Pension – Period of qualifying service – Service tendered under the Central Govt. to be counted for purpose of retirement benefits – Matter in respect of service rendered by the petitioner under the State of U.P. to be examined by the respondent by refering to Circular No.38017(9) – Admn. 8W-80 dated 15.1.1981 of Min. of Supply and Rehabilitation.
Cases Reffered:
R.L.Marwaha v. Union of India & Ors., JT 1987(3) S.C>292.
JUDGEMENT:
O R D E R
1. The Petitioner retired form services as Regional Director of the Employee’s State Insurance Corporation Haryana on 30th June, 1984. He joined the service of the Employee’s State Insurance Corporation on 13th December, 1960. The question of pension payable to the petitioner was settled by the Employee’s State Insurance Corporation by treating the period of actual services rendered by him in the Corporation as the qualifying service for pension. Before the petitioner joined the service of the E.S.I.C. he was working as an official in the Ministry of Rehabilitation, Government of India from 18.1.1955 to 12th December, 1960. Prior to 18.1.1955 the petitioner was working as official from 16.2.1950 to 17.1.1955 in the Custodian’s Department of the State of Uttar Pradesh.
2. In this petition the petitioner has prayed for the issue of writ in the nature of mandamus to the respondents directing them to treat the period of service rendered by him in the Ministry of Rehabilitation, Government of India between 18.1.1955 and 12.12.1960 and in the State of Uttar Pradesh from 16.2.1950 to 17.1.1955 as qualifying service and to enhance the pensionary benefits due to him on that basis.
3. As regards the period of service rendered by the petitioner under the Central Government there can no longer be any dispute in view of the decision of this Court in R.L. Marwah v. Union of India (writ petition No.3739 of 1985) decided on 12.8.1987 * in which this Court has held that such service should be counted as part of the qualifying service for purposes of retirement bene-fits.
4. The petitioner relies upon circular bearing No.38017(9) – Admin-8W-80 dated 15th January, 1981 of the Ministry of supply and Rehabilitation, Government of India and contends that the service rendered by him in the Custodian’s Department of Uttar Pradesh should also be counted as part of the qualifying service. As regards this claim of the petitioner we do not have all the facts on record. This question has to be examined by the author-ity concerned in the light of the necessary material which may be placed before it by the petitioner.
5. We, therefore, direct the respondents to count the period of service rendered by the petitioner under the Government of India as part of the qualifying service for the purposes of pension. We also direct the respondents to examine whether the petitioner is entitled to the benefit of the circular issued by the Ministry of Supply and Rehabilitation, referred to above and if he is found to be entitled to the benefit of the service rendered by him in the State of Uttar Pradesh under the said circular to grant him the benefit of the said circular also. The pension payable to the petitioner shall be revised in accordance with the above direction within four months from today.
Petition allowed.
1. The Petitioner retired form services as Regional Director of the Employee’s State Insurance Corporation Haryana on 30th June, 1984. He joined the service of the Employee’s State Insurance Corporation on 13th December, 1960. The question of pension payable to the petitioner was settled by the Employee’s State Insurance Corporation by treating the period of actual services rendered by him in the Corporation as the qualifying service for pension. Before the petitioner joined the service of the E.S.I.C. he was working as an official in the Ministry of Rehabilitation, Government of India from 18.1.1955 to 12th December, 1960. Prior to 18.1.1955 the petitioner was working as official from 16.2.1950 to 17.1.1955 in the Custodian’s Department of the State of Uttar Pradesh.
2. In this petition the petitioner has prayed for the issue of writ in the nature of mandamus to the respondents directing them to treat the period of service rendered by him in the Ministry of Rehabilitation, Government of India between 18.1.1955 and 12.12.1960 and in the State of Uttar Pradesh from 16.2.1950 to 17.1.1955 as qualifying service and to enhance the pensionary benefits due to him on that basis.
3. As regards the period of service rendered by the petitioner under the Central Government there can no longer be any dispute in view of the decision of this Court in R.L. Marwah v. Union of India (writ petition No.3739 of 1985) decided on 12.8.1987 * in which this Court has held that such service should be counted as part of the qualifying service for purposes of retirement bene-fits.
4. The petitioner relies upon circular bearing No.38017(9) – Admin-8W-80 dated 15th January, 1981 of the Ministry of supply and Rehabilitation, Government of India and contends that the service rendered by him in the Custodian’s Department of Uttar Pradesh should also be counted as part of the qualifying service. As regards this claim of the petitioner we do not have all the facts on record. This question has to be examined by the author-ity concerned in the light of the necessary material which may be placed before it by the petitioner.
5. We, therefore, direct the respondents to count the period of service rendered by the petitioner under the Government of India as part of the qualifying service for the purposes of pension. We also direct the respondents to examine whether the petitioner is entitled to the benefit of the circular issued by the Ministry of Supply and Rehabilitation, referred to above and if he is found to be entitled to the benefit of the service rendered by him in the State of Uttar Pradesh under the said circular to grant him the benefit of the said circular also. The pension payable to the petitioner shall be revised in accordance with the above direction within four months from today.
Petition allowed.
