KRISHNA PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by Shri Krishna Prasada regarding the payment of the uncommuted portion of his annuity. The respondents in the writ petition are: (1) Union of India; and (2) the State of Uttar Pradesh. The petitioner prayed for the issuance of an appropriate writ direction or order directing the respondents to pay him or to his account the uncommuted portion of his annuity ( 500) through the Home Treasury (in the United Kingdom) in pounds sterling as required by Rule or through agency of their own." In opposition to the writ petition, a counter affidavit of Shri A. N. Batabyal, Under Secretary to the Government of India, Ministry of Home Affairs, has been filed on behalf of respondent No. 1 and a counter-affidavit of Shri A. B. L. Gupta, Superintendent, Appointment (C) Department, Uttar Pradesh, has been filed on behalf of respondent No. 2.

(2.) The petitioner joined the Indian Civil Service in 1921, having been appointed to it by the Secreteary of State in Council. His service was continued after India attained independence, and he was assigned to the State of Uttar Pradesh. It appears that before 2nd August, 1953, he was serving under the Government of India as Director-General, Posts and Telegraphs, and he reverted to Uttar Pradesh with effect from 2nd August, 1953, on leave preparatory to retirement. Towards the end of 1953 or in the beginning of 1954, he applied to the Government of Uttar Pradesfor permission to resign from the Indian Civil Service with effect from 2nd April, 1954, when his leave was to expire. The Government of Uttar Pradesh accepted his resignation with effect from 2nd April, 1954 (vide Annexure 'A')

(3.) Under Article 561 of the Civil Service Regulations, as amended in 1921 and before it was amended in 1957, "an officer who has been 25 years in service counting from the date his covenant, or from the date of the despatch of the Secretary of State announcing his appointment (whichever may have been earlier), and who has rendered 21 years' active service is en:itled, on his resignation of service being accepted, to an annuity of Rs. 10,666.10-8- the annuity is subject to a minimum of l000." In terms of the said Article, the Governor of the State of Utter Pradesh sanctioned the grant to the petitioner of an annuity of Rs. 10,666-10-8 subject to a minimum of 1,000 per annum with effect from 2nd April, 1954, payable from the Treasury at New Delhi (vide Annexure A/I, dated 20th May, 1954).