P.C. BASU Vs. STATE OF M.P.

JUDGEMENT

(1.) THROUGH this Writ Petition under Articles 226/227 of the Constitution of India, the petitioner is assailing the order dated 3 -7 -2001 passed by the M.P. State Administrative Tribunal, Bhopal Bench in Original Application 3079/1991. Brief facts, necessary for deciding his petition, may be mentioned:

(2.) THE Air Force service of the petitioner from 25 -7 -1941 to 10 -12 -1947 was not counted by the State Government for the purpose of pension. Likewise, the period from July, 1948 to 30 -4 -1978, during which he was employee in the S.N.G. Higher Secondary School, Hoshangabad, was also not counted for pensionary benefits by the State Government.

(3.) THE SAT partly allowed the Original Application 3079/91 vide its order dated 3 -7 -2001 and directed the respondents to count the period from 3 -7 -1952 to 30 -4 -1978 during which he was regular employee of S.N.G. Higher Secondary School, Hoshangabad for the purpose of pensionary benefits. The SAT, however, held that the petitioner is not entitled, for counting of the period from July, 1948 to 2 -7 -1952 by holding that during this period his appointment was not as a regular employee and every year there was break in service during summer vacations. The tenure of Air Force service from 25 -7 -1941 to 10 -12 -1946 was disallowed on the ground that it was not followed without interruption by appointment to a pensionable post.