HARI RAM THAKUR Vs. STATE OF HP

JUDGEMENT

(1.) The controversy in the present original applicant is well settled. The applicant who is 72 years old is manly praying following reliefs: (a) Quash the impugned orders A -17, A -19 and A -24 being issued arbitrarily, malafied and illegally by the respondents. (b) Direct the respondents to release the pensionary benefits to the applicant in accordance with A -16 with all attendants and consequential benefits and interest on thed arrears thereof with 18% per annum till the date of payment.

(2.) The applicant is aggrieved by the action of the respondents whereby they are not paying the restored value of commuted pension at .par with other government employees along with all attendant benefits. The facts as pleaded in the original application are that the applicant joined the service with the state Government on .20.1.1950 under the respondent No. 1 On 12.2.1981 (Annexure A -1), the services of the applicant were placed as a Project Implementation Officer with the Agro industries Corporation on deputation. Accordingly, the applicant gave his joining report on 10.3.1981 (Annexure A -2) on deputation for appointment as Project Implementation Officer in H.P. Agro Industries Corporation. Thereafter on 30.1.1982 (Annexure A -3) the H.P. Agro Industries Corporation gave an option to the applicant for being permanently absorbed in their Corporation. The applicant duly gave his consent for being permanently absorbed on 30.1.1982(Annexure A -4). On 28.4.1982 (Annexure Ar5) the General manager of H.P. Agro Industries Corporation took up the matter with the respondent State for permancent absorption of the applicant alongwith all the relevant documents and the resolution No. 8(V) passed by the Board off Directors on 3.4.1982 (A -6). On 10.5.1982 (Annexure A -7) a formal resignation letter dated 5.5.1982 (Ann. A -8) of the applicant was also forwarded for the formal acceptance by the Government. The said resignation of the applicant was formally accepted on 24.5.198(Ann.A -9w.e.f. 4.5.1982 for being absorbed in the H.P. Agro Industries Corporation w.e.f. 5.5.1982. It is stated that a letter of absorption of the applicant in the H.P. Agro Industries Corporation w.e.f. 5.5.1982 was also issued on 10.5.1982 (Annexure A -10). The applicant thus retired from the post of Block Development Officer.

(3.) The applicant has by then put in about 32 years of service with the State Movement at the time of his formal resignation. The applicant has opted on 26.10.1982 (Annexure A -110 for the receiving lump -sum amount in lieu of pension. The relevant provisions of the CCS(pension) Rules governing the same are as under: Rule 37: Pension of absorption in or under a corporation, body: (1) A 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 by the Central Government or a State Government, shall be deemed to have retired from service from the date of such absorption subject to sub -rule(3) he shall be eligible to receive retirement benefits which he may be elected, or deemed to have elected, and from such date as may be determined, in accordance with the orders of the Central Government applicant (sic -applicable) to him. Explanation: Date of absorption shall be: (i) in a case of Government employee joins a Corporation or a company or body on immediate absorption basis the date on which he actually jolins that corporation or company or body; (ii) in case a Government employee initially joining a lien under the Government, the date from which his unqualified resignation is accepted by the Government. (2) The provisions of sub -rule (1) shall also apply to Central Government Servants who are permitted to be absorbed in joint sector undertakings, wholly under the joint control of Central Government and State Government/Union Territory Administration or under the joint control of two or more State Governments/ Union Territory Administrations. (3) Where there is a pension scheme in a body controlled or financed by the Central Government in which a Government servant is absorbed, he shall be entitled to exercise option either to count the service rendered under the Central Government in that body for pension or to receive pro -rata retirement benefits for the service rendered under the Central Government in accordance with the orders issued by the Central Government. explanation: Body means autonoumous body or statutory body. Rule 37 -A. Payment of Lump -sum amount to person on absorption in or under a Corporatiuon, compo any or body. (1) Where a Government servant referred to in Rule 37 elects the alternative of receiving the (retirement gratuity) and a lump sum amount inlieu of pension he shall in addition to the (retirement gratuity) be granted: (a) On an application made in this behalf,, a lump sum amount not exceeding the commuted value of one -third of his pension as may be admissible to him in accordance with the provisions of the Civil Pensions (Commutation) Rules, and (b) Terminal benefits equal to the commuted value of the balance amount of pension left after commuting one third of pension to be worked out with reference td the commutation tables obtaining on the date from which the commuted value becomes payable subject to the condition that the Government servant surrenders his right of drawing two third of his pension".