LAWS(KAR)-1967-3-11

GOKHALE B G Vs. STATE OF MYSORE

Decided On March 02, 1967
GOKHALE (B.G.) Appellant
V/S
STATE OF MYSORE Respondents

JUDGEMENT

(1.) The petitioner who is a retired District Treasury Officer has filed this writ petition under Art. 226 of the Constitution claiming the following reliefs :

(2.) The basis for the two claims made by the petitioner, as we gather from his affidavit, is as follows : The petitioner was in the service of the former State of Bombay and, consequent upon the reorganization of States, his services were allotted to the new State of Mysore. Since he was an allottee, his conditions of service before the date of allotment are protected under the proviso to sub-section (7) of S. 115 of the States Reorganization Act, 1956. The Central Government under S. 117 of the States Reorganization Act was entitled to issue such directions as may be necessary to the State Government in relation to the protection of the service conditions of the allottees. Accordingly the Central Government by its letter dated 27 March, 1957 issued instructions to the State Government specifying the protection of service conditions. That letter has been published by the State Government on 11 May, 1957. Paragraph 4 of that letter relates to pension according to which, "every Permanent Government servant affected by reorganization should be allowed the option to elect either the rules of pension applicable to him immediately before the date of reorganization or the rules adopted by the new or reorganized States to which he is allotted."

(3.) The petitioner opted for the Bombay Pension Rules and the relevant rules governing the pension framed by the State of Bombay (now the State of Maharashtra) are found in Chap. XI of the Bombay Civil Services Rules Manual. Rule 252 is a relevant rule which provides for the superannuation and pension. It states :