S.B.Sinha, J. - (1.) The petitioner in this application has, inter alia prayed for issuance of an appropriate writ for withdrawing revoking or cancelling and/or forbearing from giving effect to an order dated 27th December, 1995 as contained in annexure 'H' to the writ application. The fact of the matter is undisputed. The petitioner rendered war services with effect from 15th October, 1940 for about 8 years. After his discharge from Indian Army on 27th May 1948, he had to wait for a considerable period of time in search a suitable employment. He joined Damodar Valley Corporation (hereinafter referred to as "Corporation") on 19.12.64. The petitioner retired from service of the respondent corporation on 31.1.82. According to the petitioner, keeping in view the policy decision of the Central Government as also respondent corporation, he should be given the pensionary benefit upon tagging his services rendered by him with the Corporation and the period during which he was in war services. As the petitioner's grievance had not been met he filed a writ application before this court being C.R. 734(W) of 1991. The said writ application was disposed of by an order dated 6th February, 1995 directing, "In a case such a representation is filed within a period of one month it will be heard and disposed of by the Joint Director of Personnel or a any other competent authority who has vested with the power of deciding such a dispute with a period of three months from the date of production of such a representation and it goes without saying if ultimately the petitioner is entitled for counting of Military service for the purpose, of pensionary benefit, the same will be santioned and paid to the petitioner at a very early date. In case the authority take another decision one way or the other it will be open for the petitioner to take appropriate steps for the redress of his grievance if it survives. The Joint Director of Personel after taking a decision will communicate the said order to the petitioner within two weeks from the date of taking such decision." Pursuant to the said direction, a hearing was given to the petitioner and an order was passed which is contained in annexure 'H' to the writ application, inter alia, (1) an order of the Government of India issued in the year 1984 will have no application as the petitioner has retired in 1982. (2) War service can be counted only by the Government where the fund is derived from the consolidated fund of India whereas the fund of Corporation is its own fund. (3) for the purpose of computation of pension continuous service is essential but as the petitioner had been reappointed after a long period of time, services rendered by him during was period cannot be considered for pensionary benefit. The respondent corporation has not filed any affidavit-in-opposition nor anybody has appeared when the case was called on. The respondent No. 4 however, had appeared through learned counsel. The Corporation has framed regulations relating to grant of pension, namely Damodar Valley Corporation Services Ragulations. Regulation 6 of the said Regulation reads: "Any matter not provided for in these Regulations shall until requisite provisions in that behalf are made in these Regulations, be dealt with and disposed of, as far as may be, in accordance with the rules and orders issued from time to time by the Central Government in relation to similar matters."
(2.) The matter relaing to the retiral benefits is covered by regulation 108A of the said Regulations. Sub-Rule (1) of Regulation 108A of the said Regulation reads- "Subject to the provisions of this regulation every employee of the Corporation who is substantively appointed in the service of the Corporation against a permanent post and who has retired or retires on or after the 15th August, 1959, shall be entitled to pension-cum-Gratuity under the Government of India Pension Rules in force on the date of retirement of such employee."
(3.) A bare perusal of the said provision would, therefore, indicate that in the matter of grant of pension, Rules framed by the Central Government shall apply. It is not in dispute that Union of India has framed Central Civil Services Pension Rules. Clause 2 of Rule 20 of C.C.S. Pension Rules reads: "War service rendered by a Government servant who was appointed substantively to a civil service or post against vacancies which arose after the 31st December, 1947, shall subject to the conditions specified in sub-rule (1), be treated as military service as provided in rule 19";