R K GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner retired from service as Regional Director of the employees' State Insurance Corporation, Haryana on 30/06/1984. He joined the service of the Employees' State Insurance Corporation on 13/12/1960. The question of pension payable to the petitioner was settled by the Employees' State Insurance Corporation by treating the period of actual service rendered by him in the Corporation as the qualifying service for pension. Before the petitioner joined the service of the Employees' State Insurance Corporation he was working as an official in the Ministry of Rehabilitation, government of India from 18/01/195 5/12/1960. Prior to 18/01/1955 the petitioner was working as an official from 16/02/1950 to 17/01/1955 in the Custodian's Department of the State of Uttar Pradesh.

(2.) In this petition the petitioner has prayed for the issue of a 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 18/01/1955 and 12/12/1960 and in the State of Uttar Pradesh from 16/02/1950 to 17/01/1955 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. Marwaha v. Union of. India decided on 12/08/1987 in which this court has held that such service should be counted as part of the qualifying service for purposes of retirement benefits.