On retirement the petitioner was accorded pensionary benefits reckoning his qualifying service from 23.11.1953 to 30.9.1980.
The post held by the petitioner under the Central Government before he entered the service of the ICAR was a pensionable post and the post or posts held by him in the ICAR were also pensionable posts.
1953 in the Central Government as part of the qualifying service and to companypute his pensionary benefits on that basis.
The petitioner received a reply from the ICAR stating that according to the then existing policy the Government had number accepted any pension ary liability in cases like that of the petitioner and that there were numberrules authorising the ICAR to accept the charge of pensionary liability in respect of the period of his service rendered in the Central Government.
In the case of scientific employees of autonomous bodies financed or companytrolled by the Government, however, such employees were allowed to companynt their previous service in such autonomous bodies or permanent absorption under the Central Government subject to certain companyditions.
Under the orders which were in force in 1984 the posi tion as regards companynting of service rendered elsewhere was as follows Service rendered outside Central Government did number companynt for pension in Central Government.
ORIGINAL JURISDICTION Writ Petition No.
The Judgment of the Court was delivered by VENKATARAMIAH, J. The question involved in this case is whether an employee of an autonomous body established under the auspices of the Central Government is entitled to claim the benefit of the period of service rendered by him in a pensionable post under the Central Government prior to his service being absorbed in the autonomous body for companyputing qualifying service for purposes of pension.
The petitioner had applied to the ICAR even before his retirement requesting it to companynt his service in the Central GoVernment as part of his qualifying service for pension.
Under Article 32 of the Constitution of India .
Datta, Additional Solicitor General, P.P. Singh and Miss A. Subhashini for the Respondents.
3739 of 1985.
160 450 joined the service of the ICAR as a fresh entrant on the same date that is 23.11.1953 F.N. He was number allowed to carry forward the leave that he had earned and was declared quasi permanent as an Assistant in the ICAR with effect from 17.1.1957.
The petitioner R.L. Marwaha entered the service of the Central Government on a temporary basis on 4.10.1950 and worked as an Upper Division Clerk in the pay scale of Rs.80 5 120 8 200 10/2 220 in the office of the Settlement Commissioner Claims Wing under the Ministry of Rehabilita tion, Union of India and he companytinued to hold that post upto 23.11.
The petitioner, as some others who had also retired from the service of the ICAR had been agitating before the authorities to companynt the period of service put in by him between 4.10.1950 and23.11.
K. Goel and Ajit Pudiserry for the Petitioner.
1953 F.N. He, having been appointed in the Indian Council of Agricultural Research hereinafter referred to as the ICAR , which is an autonomous body sponsored by the Central Government, to a higher post of Assistant in the scale of pay of Rs.
The petitioner retired from the service of the ICAR on September 30, 1980 after attaining the age of superannuation, i.e., 58 years.
