STATE OF GUJARAT Vs. M B PHANSE

JUDGEMENT

(1.) This Appeal under Clause 15 of the Letters Patent preferred by the State of Gujarat arises from the judgment and order dated 3rd February, 2005 passed by the learned Single Judge in Special Civil Application No. 10223 of 1999. The respondent is the writ petitioner.

(2.) The respondent [hereinafter referred to as, "the writ petitioner"] joined the judicial services in the State of Gujarat on 3rd September, 1973 as a District Judge. At the time of retirement from service on 31st October, 1983, he was the Additional Principal Judge, City Civil Court, Ahmedabad. On 24th June, 1985, he was appointed as a Member of the Gujarat Civil Services Tribunal and rendered service as such till 13th October, 1990. The writ petitioner claimed that his service as member of the Tribunal from 24th June, 1985 to 13th October, 1990 and the previous service as the judicial officer of the State be treated as one service for the purpose of computation of pension. The said request made by the writ petitioner came to be rejected by the State Government. Feeling aggrieved, the writ petitioner preferred above Special Civil Application No. 10223 of 1999 before this Court.

(3.) The petition was contested by the State Government. The learned Single Judge relied upon Rule 327 of the Bombay Civil Services Rules, 1959 [hereinafter referred to as, " the BCSR"] and held that the appointment of the writ petitioner as member of the Tribunal was reemployment under the State Government. The second service as member of the Tribunal was, for the purpose of computation of pension, required to be combined with the previous service and whole service be treated as one service. Accordingly, the learned Single Judge has directed that, "..the services rendered by the petitioner as Member of the Tribunal is to be included while calculating his total pensionable service, the only thing which is required to be done is that the amount paid by way of Government contribution i.e., Rs. 41,192=00 be adjusted towards arrears of pension, payable to the petitioner under this order." Feeling aggrieved, the State Government has preferred the present petition.