S H SANGHVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner a relived District Judge who was re-employed as President of the Industrial Court has filed this petition praying for refixation of his pay on account of revision of pay-scale of selection grade of the District Judge with effect from 1/01/1973 and refixation of his pension Commutation of his pension on the basis of such refixation and payment of arrears of difference in pension and gratuity as a result of his re-employment as President of the Industrial Court

(2.) Petitioner was District & Sessions Judge of Kutch at Bhuj when he was appointed as Member of the Industrial Court under the Government Resolution dated 1/06/1967. Petitioner was entitled to special pay of Rs. 200.00 in addition to the pay which he was getting as District & Sessions Judge when he was appointed as a Member of the Industrial Court. Petitioner retired from service on reaching superannuation age of 58 years on 28/10/1972 At the time of retirement petitioners pay was Rs. 2000/ in the scale of Rs. 2000-125-2250 with Dearness Allowance of Rs. 100.00. Thus his total emoluments came to Rs. 2300/. Petitioner was re-employed as a Member of the Industrial Court initially for one year upto 28/10/1973 He was allowed to draw inclement of Rs. 125.00 on 28/10/1973 and his period of re-employment was extended for one year that is upto 28/10/1974 It appears that petitioner was selected by the Gujarat Public Service Commission for appointment as President of the Industrial Court and he was appointed to that post on 17/05/1974 It is not in dispute that retirement age for the President of the Tribunal is 60 years. When petitioner became President of the Industrial Court his pay was Rs. 2125.00. In addition he was also entitled to special pay of Rs. 200.00 and Rs. 100.00 by way of Dearness Allowance. Thus the total emoluments of the Petitioner came to Rs. 2425.00 when he was appointed as President. Petitioner retired as President of the Industrial Court on 28/10/1974 Two grievances are made by the petitioner namely (i) that his pay was not correctly fixed as President and (ii) that he was entitled refixation of his pension after adding the service rendered by him as President to the service already rendered by him as District Judge and Member of the Industrial Court before his retirement as stated above.

(3.) Petitioner does not press his first claim in as much as stated in the affidavit in namely filed on behalf of the State Government his pay has been fixed at Rs. 2325.00 with effect from 1/01/1973 The question which survives for consideration is whether the service rendered by the petitioner as President of the Industrial Court can be added to the service rendered by him before his retirement on 28/10/1972 for the purpose of pension. The petitioner bases his claim for pension on rule 327 of the Bombay Civil Services Rules. Rule 327 of the Bombay Civil Services Rules (`B.C.S. Rs. for short) reads as under :- "Unless in any case it is otherwise distinctly provided in this section a Government servant who has received a pension on retirement shall not if re-employed in Government service be permitted to count his new service as qualifying for a second pension. If the new service is pensionable. it must be combined for the purpose of calculating pension with the service previously rendered and the whole be treated as one service".