MOHD JAMIL AHMED Vs. REGISTRAR

JUDGEMENT

(1.) By this petition, the petitioner has claimed proportionate pension, gratuity and other retiral benefits from 24.3.1951 to 12.4.1961, the period during which the petitioner had initially worked on the post of clerk in the High Court of Madhya Pradesh. Thereafter, he was transferred on deputation to the Bhilai Steel Project on 4.3.1957 and retired on 30.4.1985. The respondents are, however, not considering this period and relying on the judgment of the apex Court passed in State of Bihar and others Vs. B.S. Malhur and others (AIR 1996 SC 251) , whereby the apex Court while considering the case for Government servant who had resigned and was absorbed by the University later, had held that the Government was liable to pay proportionate pension payable to him under section 39 (19) and the pension was to be calculated with reference to last drawn pay of the Government servant at the ti me of acceptance of his resignation by the Government and the sum total envisaged in proviso to Rule 161 (b) of the Pension Rules.

(2.) In the interest of justice, it is directed that the petitioner shall make a fresh representation citing the above mentioned judgment along with the copy of petition with complete set of annexures to the respondents within a week from today and on the receipt of such representation, the respondents shall consider his representation and the case cited above in accordance with law within a period of two months therefrom. In case of rejection, the respondents shall pass a detailed order giving reasons for i

(3.) With these directions, the petition is disposed off. No order as to costs.