MOHAMED GHOSE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The short question that arises for my consideration in this writ petition presented by a retired Agricultural Income-tax Officer is whether he was entitled to the benefit of the revision of pay scales under the Karnataka Civil Services (Revised Pay) Rules, 1976, which came into force on, 1-1-1977 though, he had, retired from service voluntarily on 6-1-1976, because leave had been sanctioned to him till 4-7-1977.

(2.) The petitioner having put in more than 30 years of service, exercised his right for voluntary retirement under Note 1 to Rule 285 of the Karnataka Civil Services Rules and gave notice to the Government about his desire to retired voluntarily with effect from 6-1-1976 and retired with effect from 6-1-1976. He also requested the Government to sanction leave at his credit. The above request of the petitioner was granted as per the notification dated 1st March 1976 (Ex.'C'). It reads as follows

(3.) After his retirement the petitioner made representation to the State Government claiming that he is entitled to the benefit of the revision of pay scales under the Karnataka Civil Service (Revised, Pay) Rules 1976 (hereinafter referred to as the Rules) which came into force on 1-1-1977 on the ground that on the said date he must be deemed to be in service because the leave had been sanctioned to him till 4-7-1977. The said request was rejected, by the State Government. Hence, the petitioner has presented this writ petition.