J P SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The question which requires consideration here is whether a person can claim pension for the same period from two separate and distinct employers.

(2.) The petitioner was a practising advocate and on 16.9.1977, he joined as Additional District Judge in the U. P. Higher Judicial Service. His date of birth is 1.9.1933 and he would have attained the age of superannuation, which was then 58 years, on 31.8.1991. He applied for and was granted voluntary retirement on 31.12.1989 and, thereafter, joined as Member, Central Administrative Tribunal on 1.1.1990 from where he retired on 31.8.1995 after attaining the age of 62 years. Thereafter, he was appointed as Banking Ombudsman in the State of Bihar and worked on the said post till 31.8.1998.

(3.) The petitioner took voluntary retirement from the U. P. Government Service one year and eight months before the scheduled date of his retirement which was 31.8.1991. He made a representation to U. P. Government that this period of 1 year and 8 months be added to the period of the service rendered by him for the purpose of grant of pension to him. The representation was rejected on 16.3.1994 and thereafter he filed some more representations which were also rejected on 4.7.1998. The present writ petition under Article 226 of the Constitution has been filed praying that the order dated 4.7.1998 passed by the State Government be quashed and a writ of mandamus be issued commanding the State of U. P. to add 20 months additional service for the purpose of fixing his pension in the U. P. Higher Judicial Service.