LAWS(BOM)-2000-2-39

SALVE B S Vs. UNION OF INDIA

Decided On February 09, 2000
SALVE B.S. Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner has by way of this petition prayed inter alia, for a direction or order directing the Government of Maharashtra to forthwith enter into a reciprocal arrangement with the Central Government for extension of various benefits like counting of service in case of employees who, after having worked under the State Government or State Autonomous Bodies or State Statutory Bodies, have been absorbed in the services of the Central Government or Central Autonomous Bodies and for a direction to the State of Maharashtra to consider the case of the petitioner favourably and to deposit the pension equivalent to Rs. 2,800/- approximately, or thereabouts with the Central Government for the 19 years of service rendered by the petitioner in the Sales Tax Department under the Government of; Maharashtra for counting of his service for the purpose of pension to be received by him from the Central Government/corporation.

(2.) BRIEFLY stated, the facts set out in the petition, are as under: The petitioner joined the Sales Tax Department under the Government of Maharashtra as a Junior Clerk on January 23, 1952. The petitioner was promoted as; Sales Tax Inspector in May 1962 and worked in that capacity till February 15, 1971. Around March 1970, he made an application to the Additional Commissioner of Sales Tax, Bombay for being considered as a candidate to appear for an interview held by the Union Public Service Commission for filling up the vacancy of Assistant Regional Director/manager (Grade I) in the Employees' State Insurance Corporation (Corporation for short), a Corporation run, managed and controlled by the Central Government. His application was accepted and he was permitted to appear for the interview held by the Union Public Service Commission. The petitioner was declared successful and he was directed to join the services of the Corporation forthwith. According to the petitioner, as per the prevailing practice he relinquished his post as Sales Tax Inspector from the afternoon of February 15, 1971 and joined the services of the Corporation from the forenoon of February 16, 1971.

(3.) WHILE in the service of the Corporation, the petitioner received promotion from time to time. The petitioner was last posted as Director (Grade-I region) in which capacity he worked till he opted for voluntary retirement on June 30, 1988. Thus, the petitioner has put in 19 years of services in the Sales Tax Department under the Government of Maharashtra from January 23, 1952 to February 15, 1971 and he has put in 16 years and 4 months of service in the Corporation from February 16, 1971 to June 30, 1988. It is the case of the petitioner that, he has put in a combined service of 35 years i. e. from 1952 to June 30, 1988.