D. K. Kapur, J. (Oral.)

( 1 ) A show cause notice was issued to the respondents to which a reply was field. On 4th November, 1981, we directed that the pleadings should be completed and the counsel also agreed that the petition should be decided, if possible) at the adjourned hearing, particularly as it was a pension case. This is how we come to hear this petition.

( 2 ). We issue rule D. B. , and proceed now to decide the petition under Article 226 of the Constitution.

( 3 ) THE petitioner joined the Customs and Central Excise Service as an Inspector and later became a Superintendent. He was transferred as Excise Officer on deputation to M/s. Heavy Electricals (India) Ltd. , Bhopal, now known as M/s. Bharat Heavy Electricals Ltd. While serving at Bhopal on deputation, the petitioner was drawing his salary and a Deputation (Duty) Allowance calculated at 20% of his basic pay. After three years of service at Bhopal, he was permanently transferred to M/s Bharat Heavy Electricals Ltd. , and was deemed to have retired from Government service on 6th July, 1976. At that stage, the petitioner became entitled to pro-rata pension and death-cum-retirement gratuity as payable under the Central

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