Important Point - Rule is discharged. It is dismissed, but without any order as to costs.

S.C. Dharmachikari, J.

1. The claim in the present petition is of pension. Since we had directed the Registry to list all matters related to pension and pensionary claims out of turn, even this matter was listed, though under caption “for directions”, but with the consent of the advocates appearing for both sides, we took it up for hearing and final disposal. Even otherwise the matter was ready for final disposal. On 30th August, 2012, this court passed the following order:-

“1. Issue notice to the Respondents, returnable on 14th September, 2012. Notice to state that this Writ Petition may be finally disposed of at the admission stage.

2. The learned Counsel for Respondent Nos. 1 and 2 waive notice on behalf of their respective parties.”

2. Then, on 24th June, 2014, the petition was allowed to be amended by incorporating a challenge to the validity of Government Resolution dated 17th October, 1967, copy of which was annexed as Exhibit 'A' to the affidavit in reply of the second respondent. On that date, the petition was formally admitted.

3. Shortly stated, the facts are these. The petitioner before us is an Indian citizen. The first respondent is a corporation, though registered as a company, but wholly controlled by the second respondent State.

4. The petitioner states that he was in service with erstwhile Haffkine Institute, Government of Maharashtra from 5th June, 1965 to 31st August, 1975 i.e. 10 years, 2 months and 26 days. The said erstwhile Haffkine Institute was thereafter bifurcated by the State of Maharashtra in the year 1975 by a Government Resolution dated 30th April, 1975 in two autonomous bodies, namely, (i) Haffkine Institute of Teaching, Research and Training and (ii) Haffkine Bio-Pharmaceutical Corporation on the terms and conditions set out therein. Para 4 of the Government Resolution dated 30th April, 1975 reads as under:-

“On discharge from the Government Service the Government servants concerned should be provided, with effect from the said date, with an appointment to the corresponding and equivalent posts in the new Institute or Corporation, as the case may be in the same scale and allowances at present admissible to them. On such appointment their terms and conditions of service under the new Institute or Corporation should not be less favourable than their existing terms and conditions of service and in particular, their terms and conditions pertaining to their existing scales of pay and allowances, pensionary benefits, provident fund, leave, medical benefits, facility to continue in Government accommodation and other benefits shall be protected as specified in Appendix 'A' to this G.R. However, such a protection shall not extend to matters pertaining to their future promotions, which will be governed by the rules and regulations made by their new employers. The service rendered by them under Government will count for their pensionary and all other benefits as if it was a service rendered under the new body”

5. The petitioner states that he was thereafter transferred to Haffkine Bio-Pharmaceutical Corporation from 1st September, 1975 on the terms and conditions set out in the said Government Resolution dated 30th April, 1975. The petitioner states that the petitioner was in continuous service of respondent no. 1 from 1st September, 1975 to 28th June, 1985 i.e. 9 years, 9 months and 28 days. The petitioner states that he resigned from service with respondent no. 1 on 28th June, 1985.

6. The petitioner further states that a writ petition being Writ Petition No. 515 of 2001 was filed by Haffkine Bio-Pharmaceutical Corporation Employees Union and others before this court. The said writ petition was finally heard and disposed of by judgment dated 4th October, 2006 passed by a Division Bench of this court presided over by Hon'ble Mr. Justice F.I. Rebello (as His Lordship then was) and Hon'ble Mr. Justice Anoop V. Mohta. The Division Bench directed the respondents to make payment after considering the respe