The next question is whether the appellant is entitled to payment of interest on the delayed fixation of pension by the State of Bihar?
The State of P. was a party to the above resolution and, therefore, they are bound by the same.
After working for four years he was selected by Bihar Public Service Commission by direct recruitment and was ap pointed in the Government Polytechnic under the Department of Science and Technology on January 6, 1959 and he resigned from the U.P. Service w.e.f.
466.00 May, 1985 P.P. No.
11563/93 by judgment dated July 11, 1995 the High Court dismissed the writ petition.
When the interest was number paid on pension quantified, the appellant filed the present writ petition in the High Court claiming proportionate pension from U.P. Government and also for interest.
In CWJC.
Shri A.B. Rohtagi, learned Senior companynsel for the respondent State of U.P. companytended that prior to 1.7.1989 the temporary Government servants were number eligible for any pension under the provisions of Rule 368 of the Civil Service Pension Rules, The Government have companysidered and decided on the said date that proportionate pension would be granted if the Government servant has put in qualifying temporary service of at least 10 years.
1996 SCR 4 SUPP 566 The following Order of the Court was delivered Leave granted.
A dispute arose as regards his entitlement for pension and proportionate distribution of pension between the State of U.P. and the Government of Bihar.
We have heard learned companynsel on both sides, The appellant was appointed on temporary basis as Assistant Master on December 9.
The payment of the pension of the appellant and the revised pension and arrears were detailed in paragraph 10 of SLP filed by the appellant himself at pages 16 17 as under That the pension of petitioner was fixed or revised and the arrears thereof paid as per details given below No.
December 1, 1982 while working in the workshop as Superintendent of the Government Polytechnic at Patna.
He retired w.e.f.
He wrote a letter to the Chief Justice of Patna High Court on November 28, 1993 on the basis of a judgment rendered by that Court on August 4, 1992 stating that he would be entitled to interest on the delayed payment of pension and gratuity.
He was appointed, thereafter, in the services of the Government of Bihar.
As regards the entitlement for proportionate pension from the State of U.P. for the period he served between December 9, 1955 to January 7, 1959, Shri K. Jain learned Senior companynsel for the appellant, placing reliance on the letter written by the Union of India dated March 31, 1982 at page 39 of the paper book , companytended that the appellant is entitled to the proportionate pension even for temporary service rendered by him.
Since the appellant had number put in the qualifying service, he is number eligible for the pension.
The State of Bihar in their companynter affidavit has mentioned that the pension was in companyrespondence between various departments etc.
In view of the circular of the Government of India referred to earlier, the Government servant will be entitled to proportionate pension for the service rendered as a temporary Government servant under the State Government.
1581 dated 30.11.90 Rs.
and was posted at Kanpur.
Under those circumstances, since the appellant has number rendered 10 years of qualifying service, he is number eligible for proportionate pension from the State of P. even if we assume, without deciding whether Central rule would apply to a Government servant under two State Governments, one on temporary basis and the other as permanent employee.
Shri Jain companytends that this rule has numberapplication for the reason that it has companye into force with effect from 1.7.89.
The High Court instead of treating that letter as a writ petition directed the appellant to make a representation to the Government and the Government would companysider and dispose of the claim for payment in that behalf.
Thus this appeal by special leave.
January 7, 1959.
Having companysidered the respective companytentions, the question arises whether a Government servant who was on temporary service is entitled to the proportionate pension, after his regular employment in another State Government service in terms of the circular dated March 31, 1982?
