R S CHHAYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner, who retired from Government service as Member of Indian Administrative Service with effect from April 30, 1984, was re-employed as Member, Gujarat Revenue Tribunal with effect from May 1, 1984 to October 31, 1989. Petitioner's pay on re-employment, as aforesaid, was fixed by adapting the formula of last pay drawn minus pension including pension equivalent of Death-Cum-Retirement Gratuity ("DCRG" for short) and as a result of such fixation of his pay, Rs. 286.80 Ps. were deducted every month from his salary by way of pension equivalent of DCRG was, however, not deducted from the petitioner's pay with effect from August 1, 1988 under Government Resolution No. NVT 3286 GCI-95-P dated August 17, 1988 issued by Government of Gujarat in Finance Department. The grievance of the petitioner is that while fixing his pay on re-employment, recovery or deduction of pension equivalent of DCRG was illegal and without authority.

(2.) The question whether pension equivalent of DCRG can be recovered or deducted while fixing pay of a retired Government servent, who has been re-employed, had come up for our consideration in the case of N. D. Buch v. State of Gujarat, Special Civil Application No. 3241 of 1989, disposed of by our judgment delivered today. (Now reported in 1991(2) GLH 458.) The question, which is raised in this petition is directly covered by our said judgment. In other words, our judgment in the said case of N. D. Buch, will govern the present case also. Therefore, following our judgment in the case of N. D. Buch and for the reasons recorded therein, this petition must succeed.

(3.) In the result this petition is allowed and we direct the respondent-State Government to refund or repay to "the petitioner the amount of pension equivalent of DCRG recovered or deducted from pay or salary payable to him on his re-employment, as aforesaid, within eight weeks from the date of the receipt of the writ of this Court. In other words, the aggregate or total amount recovered or deducted by way of pension equivalent of DCRG from May 1, 1984 to July 31, 1988 shall be refunded to the petitioner within eight weeks from the date of the receipt of the writ of this Court. The respondent shall pay to the petitioner Rs. 1000/- by way of cost. Rule made absolute accordingly. Petition allowed.