LAWS(GAU)-2004-4-39

BIJAY KR CHOWDHURY Vs. STATE OF TRIPURA

Decided On April 30, 2004
BIJAY KR.CHOWDHURY Appellant
V/S
STATE OF TRFPURA Respondents

JUDGEMENT

(1.) This writ appeal is directed against the judgment and order dated 24.4.1998 passed by the learned Single Judge in Civil Rule No. 129 of 1991.

(2.) The appellant before us had joined the TripuraP.WD. Service on 11.7.1973 and while he was so serving, he applied for the post of Assistant Manager (Civil) under the N.H.E.P.C., a Govt. of India Corporation and accordingly the petitioner had joined there on 17.11.1981. The petitioner was allowed to retain lien for two years and thereafter he was absorbed in the said Corporation with effect from 18.11.1983. The petitioner on his completion of service under the Corporation retired.

(3.) On 14.11.1988, the State of Tripura issued a Memo granting pro rata retirement benefits to its employees who are subsequently absorbed under the Government of India or any Corporate body under the Union of India and in the said annexure a cut off date was provided as on 9.1.1984. The petitioner applied for pro rata retirement benefit on the basis of the said annexure, annexure-24 and the State Government initially approved the matter, but on the objection raised by the Accountant General, the petitioner was informed that he is not entitled to the above benefits as he was absorbed under the Corporation on or before the cut off date of 9.1.1984.