http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2  

CASE NO.: Appeal (civil)  2561 of 2003

PETITIONER: H. Chandra Shekhar

RESPONDENT: State of Karnataka & Ors.

DATE OF JUDGMENT: 21/04/2004

BENCH: CJI V.N. KHARE, S.B. SINHA & S.H. KAPADIA.

JUDGMENT: J U D G M E N T   O R D E R  

       The appellant herein was in employment as lecturer in  Geology in Hyderabad \026 Karnataka Education Society’s  Engineering College, Gulbarga, which is a government aided  institution.  He remained in that capacity from 6th July, 1962 to  20th January, 1971.  Subsequently, on 22nd of January, 1971, the  appellant was selected and appointed as a Geologist in the  Government Department of Mines & Geology through a  positive act of selection by the Public Service Commission,  Karnataka.  The appellant retired from service on 29th February,  1996.  The service conditions and the grant of pensionary  benefits are governed by the Karantaka Civil Service Rules,  1958.  These Rules have been amended from time to time.  The  appellant, after retirement, wrote to the Principal Secretary of  Government of Karnataka, Department of Commerce &  Industries for counting his past service rendered by him in the  government aided institution for the purpose of counting  qualifying service for settling his pensionary benefits.  The  respondent calculated the pension of the appellant in terms of  amended Rule 248 of the aforesaid Rules.  Aggrieved by the  said decision the appellant filed a petition before the Karnataka  Administrative Tribunal and the same was rejected.  A writ  petition filed against that order met with the same fate.  It is  against that order the appellant has come before this Court by  way of special leave.

       After hearing learned counsel for the parties, we are of  the view that the appellant is entitled to the benefit of either  unamended Rule 247A or Rule 248, whichever is more  beneficial to him.  In the present case, it is found that the  appellant is entitled to have the benefit of unamended Rule  247A of the Karnataka Civil Service Rules, 1958.  In fact the  appellant was within his rights to claim the benefit of  unamended Rule 247A.  The counsel for the appellant states  that the appellant will claim the benefit of only additional 11  months and 20 days rounded-off to one year, and in total three  years.  We, therefore, direct that if the appellant moves an  application in aforestated terms to the respondent within one  month for fixation of his pension, the respondent will consider  the application within a period of three months after the filing  of the application by the appellant, in accordance with law.

       For the aforesaid reasons, the judgment under challenge  is set aside and the appeal is allowed. There shall be no order as  to costs.

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2