ANANDAMOY BHATTACHERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition under Art. 226 of the Constitution of India, the petitioner is seeking a mandamus to direct the respondents to sanction and release to the petitioner the revised DCRG as per the Government Resolution No. L-11016/2/95-Jus of Ministry of Law and Justice, New Delhi dated 10-11-1995.

(2.) THE petitioner who was the Chief Justice of the Bombay High Court resigned from the office with effect from 1-4-1995. On 16-5-1995 office of the Accountant General of Maharashtra sanctioned pension amounting to Rs. 54,000/- and retirement gratuity of Rs. 1 lac to the petitioner. The Government of India on 10-11-1995 issued aforesaid Resolution dated 10-11-1995 whereby the revised DCRG was made admissible to the Government servants who retired on or after 1-4-1995. The short grievance of the petitioner is that though he is entitled to get revised DCRG since he resigned from service with effect from 1-4-1995, office of the Accountant General, Maharashtra State has arbitrarily declined to release revised DCRG to the petitioner on the ground that the petitioner has resigned on 1-4-1995 (before noon ). It seems from the correspondence exchanged between the Accountant General of Maharashtra and the Secretary to the Government of India, Ministry of Law and Justice (Department of Justice) New Delhi that the Government of India has refused to extend the benefit of enhanced DCRG in terms of the aforesaid Resolution dated 10-11-1995 on the ground that the petitioner ceased to be the Chief Justice with effect from forenoon of 1-4-1995.

(3.) WE have heard Mr. Chatterjee learned counsel appearing for the petitioner, Dr. Chandrachud learned counsel appearing for the Central Government and the learned Advocate General of Maharashtra appearing for the State Government. Both Dr. Chandrachud and the Advocate General have fairly conceded that the revised DCRG is applicable to the Government servants who retired on 1-4-1995. The learned counsel conceded that since the petitioner resigned on 1-4-1995 he is entitled to the benefit of the aforesaid Resolution dated 10-11-1995.