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1996 Supreme(All) 1100

R.A.SHARMA, D.K.SETH
A P BARTHWAL – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
Mohd.Jafar, Sameer Sharma,

D. K. SETH, J.

The petitioner desig nated as General Manager in the erstwhile U. P. Government Roadways, later re- desig nated as the Regional Manager, was ap pointed on deputation to the Government of Sikkim, on the post of General Manager, Sikkim Nationalised Transport, with the Headquarter at Ganktok. He continued on the said deputation from 20-3-1976 till 31-3-1978 namely the date of the retirement from service of the Government of Uttar Pradesh while on deputation, as aforesaid. On ac count of such deputation the petitioner was paid composite compensatory allowance of Rs. 600 on the petitioners basic pay of Rs. 1500. Out of the said composite compen satory allowance fifty per cent was treated as deputation specialpay as per terms and con ditions of Sikkim Government Notification dated 19th May, 1976. According to the petitioner the said special pay formed part of the petitioners pay and, as such, the same was to be included while computing the petitioners pension. Since he had retired while on deputation therefore, he is entitled to a higher pension, which was denied to him, namely when calculating the quantum of pension, the special pay was omitted. On 4th December, 1976, the






























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