STATE OF H.P. Vs. MAN MOHINI SHARMA

JUDGEMENT

(1.) Since common question of law and fact is involved in both these appeals, the same are taken up together for disposal.

(2.) The respondents - writ petitioners had worked as Assistant Surgeon and Assistant Professor, respectively, in the department of Health and Medical Education, Jammu and Kashmir. Dr. Man Mohini Sharma served the government of Jammu and Kashmir from 1967 to 1983, while Dr. Bharat Bhushan served there from 1966 to 1980. Undisputedly, both of them applied through proper channel for the post of Lecturer/Assistant Professor at Indira Gandhi Medical College (IGMC), Shimla and after being relieved on 12.4.1983 and 10.12.1980 joined immediately on 12.4.1983 and 12.12.1980, respectively. After joining at Shimla, the petitioners made various representations for counting the service rendered by them with the Jammu and Kashmir Government for the purpose of pensionary benefits. Pursuant to which various inquiries were held and government of Jammu and Kashmir vide letter dated 29.7.1999 unequivocally and unconditionally gave their no objection in case the service of the petitioners rendered by them with the government of Jammu and Kashmir is counted for the purpose of pension.

(3.) Thereafter the State Government appears to have sought a clarification from the Principal, Indira Gandhi Medical College to the effect as to whether the resignation tendered by the writ petitioners was required for administrative reasons or for satisfying a technical requirement. The State of Jammu and Kashmir informed that the resignation was on account of administrative reasons for satisfying the technical requirement and not for any other reason. Despite all these communications, when the appellants failed to count the service rendered by the writ petitioners in the State of Jammu and Kashmir for the purpose of pension, they filed the Original Applications before the erstwhile Tribunal.