ADHIKARIMAYUM JITESWAR SARMA Vs. COMMISSIONER/SECRETARY

JUDGEMENT

(1.) HEARD Mr.H.S.Paonam, learned senior counsel for the petitioner and Mr.Vasum, learned GA and Mr.C.Kamal, learned CGSC appearing for the respondents.

(2.) THE present writ petition has been filed by the petitioner for a direction to the State respondents to release the entitled pension as per pro rata (proportionate) retirement benefits of the petitioner for the service he had rendered in the Electricity Department, Government of Manipur before being absorbed/appointed in the Board of Secondary Education, Manipur, for the period of 19 years 1 day, i.e. from 7.8.1954 to 8.8.1973 under Rule 37 of the MCS (Pension) Rules, 1977 and in terms of the decision of the Government of India as contained in Decision No.3(1) Appendix 31 of the Civil Service Regulations, Volume -II.

(3.) THE State respondent represented by the Commissioner, Electricity Department, byfiling affidavit in opposition contested the claim of the petitioner. It has been stated that pro rata pension admissible in respect of service rendered under Government would be disbursable only from the date, the Government servant would have normally superannuated had he continued in Government service, provided he exercises an option within 6 months from absorption for either (a) receiving the monthly pension and DCRG already worked out under the usual Government arrangements; and (b) receiving the Gratuity and a lump sum amount in lieu of pension worked out with reference to commutation tables obtaining on the date of superannuation.