DIRECTOR ACCOUNTS AND TREASURIES Vs. GURU DUTT GUPTA

JUDGEMENT

(1.) THIS letters patent appeal arises out of judgment passed by a learned Single Judge of this Court on 11 -9 -1986 in a writ petition filed by the respondent herein.

(2.) RESPONDENT in his writ petition had sought a declaration about cancellation of letter of State of Jammu & Kashmir, appellant No; 3 herein and also had sought a writ of mandamus directing the appellants to treat him as Government pensioner & direct them to pay all the dues & benefits to him. Respondent herein, who was petitioner in the writ petition has asserted the following facts:

(3.) THAT , he as Secretary and Revenue Officer of Jammu Municipality, in the year 1952 was transferred to the Chief Secretariat as Superintendent. In 1957, respondent was appointed as Deputy Director Local Bodies J&K, Respondents appointment was made from Municipal service to the State service. Accountant General is said to have faced some difficulty in fixing the respondentâ„¢s pay etc. The matter therefore came to be referred to the Government. Vide Govt. order No. 291 -LS/57 of 1957 dated 18 -10 -1957, respondent was given the benefit of service rendered in the Municipality for the purpose of determining his pay as Deputy Director Local Bodies in the scale of 200 -20 -300 -25 -400. The respondent accordingly was treated as Government Servant. In 1961 respondent was promoted to the post of Director Local Bodies & was confirmed also on that post wherefrom he retired in November, 1964. His pension was sanctioned vide Government Order No; 228 -LS/65 of 1965 dated 18 -12 -1965 at Rs. 273.95 P.M. by the Government.