R K SURI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WHILE considering the stay petition, the learned counsel representing both the parties requested for final hearing in the writ petition. Hence the writ petition is being disposed of finally by this Order.

(2.) PURSUANT to the order dated 13. 11. 1969 (Exh. 1) the Government of Rajasthan took a policy decision to abolish the Rajasthan Agriculture Engineering Board and consequently, the services of the petitioner were placed under deputation with the newly formed Rajasthan State Agro Industries Corporation (for short `the RSAIC'-respondent No. 3) with effect from 8. 07. 1970. The petitioner had exercised his option for permanent absorption with RSAIC, which was duly forwarded by the State Government to respondent No. 3 on 5. 02. 1973. Thereafter the petitioner was informed that he will be entitled to proportionate pension in accordance with the Finance Department's Order dated 23. 7. 1968 and also the order dated 10. 04. 1969. Petitioner's option was accordingly accepted by the State Government vide it's order dated 20. 3. 1973.

(3.) THE matter has since been considered and it has been decided that in such cases the rate of ex-gratia for the terminal year for the purpose of clause (e) of para 3 of the Scheme (i. e. 1-1/2 months salary for every completed year of service shall be proportionate to the period of service rendered by the employees in the terminal year. For example in case of an employee has rendered 4 months service in the terminal year he would be entitled for ex-gratia (for the terminal year) equivalent to half months emoluments.