RANGANNA Vs. CHIEF SECRETARY GOVERNMENT OF MYSORE

JUDGEMENT

(1.) The petitioner before us who was an employee of the Government in the State Accounts Department was deputed to work as Financial Assistant to the City Improvement Trust Board established under the provisions of the Bangalore City Improvement Trust Board Act. When he was so deputed to the trust board, he was an officiating Assistant Controller. After he was so deputed by a notification made by the Controller of the State Accounts Department on 15 September 1956, a further notification was issued by the Government on 4 October 1957, according sanction for the payment to the petitioner of a special pay of Rs. 50 a month during the period he was holding the post of the Financial Assistant to the City Improvement Trust Board.

(2.) When he was working as the Financial Assistant in that board, the petitioner retired on 25 December 1959. When his pension was determined, the authority which determined the pension refused to take into account the special pay which was sanctioned to the petitioner as part of his emoluments for the purpose of rule 296 of the Mysore Civil Services Rules, 1958. In consequence, the pension payable to the petitioner has now become smaller than what it would have been if that special pay had not been excluded from consideration.

(3.) The petitioner accordingly asks us to issue a direction that there should be a proper determination of his pension after treating the special pay as part of his emoluments.