GOURANGA DHAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner has made following prayers :

(2.) The petitioner was employed in State Government service. He was absorbed in Rural Electrification Corporation (RECL, for short) in the year 1985. Rule 37 of CCS (Pension) Rules, 1972 which are adopted by the State Government provides that the Government servant who has been permitted to be absorbed in a service or post in or under a Corporation or Company wholly or substantially owned or controlled or financed by the Government shall if such absorption is declared by the Government in public interest, be deemed to have retired from service from the date of such absorption and would be eligible to receive retiral benefit which he may have elected and from such date as may be determined. Rule 37-A of the said Rule prescribes for payment of lump sum amount to retired Government employee on absorption in or under a Corporation or Company.

(3.) At the relevant time as per the reply of the respondents these Rules also provided that such a Government servant would have an alternative of receiving death cum retirement gratuity in view of pension in addition to the DCRG which will include (a) on his application a lump sum amount not exceeding the commuted value of 1/3rd of his pension (b) a terminal benefit equal to twice the amount of lump sum amount referred to in Clause-A subject to the condition that the Government servant surrenders the right to draw 2/3rd of his pension. Along with the affidavit the respondents have produced a copy of an undertaking dated 20th May, 1987 given by the petitioner stating that 'I Sri Gouranga Dhar, hereby submit the following undertaking for purpose of commutation of two-third of pension on absorption in REC Ltd. in addition to commutation of one third of pension. 1. That I opt for a lump sum amount in lieu of pension. 2. That I hereby surrender my right of drawing two third of my pension i) from the date of payment of terminal benefits equal of the commuted value of the balance amount of pension left after commuting one third of pension to be worked out with reference to the commutation tables obtaining on the date from which the commuted value becomes payable or ii) from the date as per rules.'