CHAMAN LAL KALA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned counsels for the respondents at length. The petitioner has filed the present writ petition with a prayer of Mandamus commanding the respondents to pay regular pension to the petitioner treating him to be an employee of centralised services. This prayer of the petitioner is being opposed by the respondents, i.e. the State of Uttarakhand as well as the "Garhwal Jal Sansthan".

(2.) The brief facts of the case are that the petitioner was initially appointed as a Tax Collector in Nagar Palika, Dehradun in the year 1951 and later promoted as a clerk in the year 1955, where he was again promoted to the post of Tax Inspector in the year 1968. He continued to be an employee of Nagar Palika, Dehradun till the year 1975 when on 2.10.1975 the petitioner stood transferred from Nagar Palika, Dehradun to another body known as "Garhwal Jal Sansthan" as a Tax Inspector. This transfer and the consequent absorption of the petitioner in the 2 "Jal Sansthan" was as per the provisions of the new statute known as U.P. Water Supply and Sewerage Act, 1975 (from hereinafter referred to as the "Act"). Inter alia, as per the above statute two new local bodies, known as the Jal Nigam and Jal Sansthan were created in the erstwhile State of Uttar Pradesh. Consequent to his transfer and absorption in the Jal Sansthan, the petitioner was promoted to the post of Assistant Tax Superintendent and ultimately reached the age of superannuation on 31.3.1991.

(3.) Section 38 (1) of the Act by which the services of the petitioner stood transferred from "Nagar Palika" to "Jal Sansthan" reads as under :-