Akbar Beg vs State Of Uttarakhand & Anr.
2014 Latest Caselaw 2184 Del

     IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                       Special Appeal No. 168 of 2010
Akbar Beg.                                        ...........          Appellant
                                      Versus
State of Uttarakhand & another.                   ............        Respondents
Mr. Rajendra Dobhal, Senior Advocate, assisted by Mr. Pratul Kumar, Advocate for
the appellant.
Mr. Pradeep Joshi, Standing Counsel for the State of Uttarakhand / respondent No. 1.
Mr. Rakesh Thapliyal, Advocate for respondent No. 2.

                                 JUDGMENT

Coram: Hon'ble Barin Ghosh, C.J.

Hon'ble V.K. Bist, J.

BARIN GHOSH, C. J. (Oral) Appellant was working as a Toll Tax Inspector with Nagar Palika, Dehradun. On 2nd October, 1975, Garhwal Jal Sansthan was created under the Uttar Pradesh Water Supply and Sewerage Act, 1975 (hereinafter referred to as the "said Act"). In terms of Section 38 of the said Act, those, who were exclusively employed in connection with water supply or sewerage service or sewerage works or sewerage farms under Nagar Palika, Dehradun, were to be transferred to Garhwal Jal Sansthan. However, despite the appellant being a Toll Tax Inspector, he was transferred. Appellant retired on 31st January, 2001. Subsequent thereto, on 20th March, 2002, he filed a writ petition and contended that Toll Tax Inspectors of Nagar Palika have been included since 1983 in the Centralised Service Rules and, accordingly, he should be granted pension, inasmuch as, by Section 38 of the said Act, his right to receive pension was preserved. The fact remains that Section 38 preserves all rights of the appellant as on the date of his transfer. On the date of transfer of the appellant, he had no right flowing from inclusion of Toll Tax Inspectors of Nagar Palika into centralised service.

2. For the reasons as above, the writ petition filed by the appellant has been dismissed. We have not been able to take a different view. The appeal fails and the same is dismissed.

                     (V.K. Bist, J.)                      (Barin Ghosh, C. J.)
                      30.04.2014                               30.04.2014
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