Hon'ble Judges/Coram:
K. Ramaswamy and G.B. Pattanaik

JUDGMENT

K. Ramaswamy, J.

1. Leave granted.

2. We have heard counsel for the parties. The appellant while working in the State Service from January 31, 1948, was selected as a Railway Magistrate and had taken charge on February 1, 1973. The Government of India had issued a Circular on March 31, 1982 which envisaged with the concurrence of the State Governments, the following :

1. The Government of India had been considering in consultation with the State Governments, the question of sharing on a reciprocal basis, the proportionate pensionary liability in respect of those temporary employees who had rendered temporary service under the Central Government/State Governments prior to securing posts under the various State Governments/Central Government on their own volition in response to advertisement or circulars, including those by the State/Union Public Service Commissions and who are eventually confirmed in their new posts. It has since been decided in consultation with the State Governments that the proportionate pensionary liability in respect of temporary service rendered under the Central Government and State Governments to the extent under the Rules of the respective Government, will be shared by the Governments concerned, on a service share basis, so that the Government servants are allowed the benefit of counting their qualifying service both under the Central Government and the State Governments for grant of pension by the Government from where they eventually retire. The gratuity, if any, received by the Government employee for temporary service under the Central or State Governments will, however, have to be refunded by him to the Government concerned.

2. The Government servants claiming the benefit of combined service in terms of above decision are likely to fall into one of the following categories :

(1) Those who having been retrenched from the service of the Central/State Governments secured on their own employment under State/Central Governments either with or without interruption between the date of retrenchment and the date of new appointment;

(2) Those who while holding temporary post under Central/State Government apply for posts under State/Central Government through proper channel with proper permission of the Administrative Authority concerned;

(3) Those who while holding temporary post under Central/State Governments apply for posts under State/Central Governments direct without the permission of the Administrative Authority conce........