N.C. Goel Vs. Govt. of NCT of Delhi and Ors. - (Central Administrative Tribunal) (08 Aug 2018)

A government employee is entitled to get his previous service counted for purpose of pensionary benefits

MANU/CA/0312/2018

Service

The current application has been filed seeking the relief to Direct the Respondents (DTTE, GNCT of Delhi) to count the previous/past service (w.e.f. 20th November, 1980 to 30th June, 1998) of the Applicant rendered by him in Directorate of Education, GNCT of Delhi, for the purposes of pensionary benefits in terms extant instructions/Rule 26(2) of CCS (Pension) Rules, 1972 and accord all the consequential benefits arising therefrom. Further, Award cost in favor of the Applicant and against the respondents.

The Applicant was appointed to the post of Trained Graduate Teacher (TGT) (Science) on temporary basis in Directorate of Education, on 20th November, 1980. After completing his probation period, he was confirmed on the said post on 20th November, 1982. Thereafter, the Applicant was appointed to the post of Post Graduate Teacher (PGT) (Physics) in 1987 and confirmed by the Respondents w.e.f. 20thNovember, 1982.

It is not disputed that, a government employee is entitled to get his previous service counted for the purpose of pensionary benefits in terms of Rule-26(2) of Rules, 1972. However, there are specific guidelines, which have to be adhered to for this purpose. For the employee to earn the benefit of his past service, it is essential that, a technical resignation from the earlier employer should be available with his current employer to process his case for grant of counting of his past service, for the purpose of pensionary benefits etc. It is not understood as to why the applicant chose to sleep over this requirement for nearly two decades.

As per CCS (Pension) Rules, 1972, there is no provision for tendering technical resignation orally and that the Applicant must provide proof to show that he had tendered the technical resignation by way of an application etc. There is no documentary proof whatsoever that, this technical resignation was tendered, nor has it been found in his service record. In view of the Applicant's inability to show/prove that he actually submitted his technical resignation, which was duly received and accepted by the Respondents, the relief claimed for by him cannot be granted. Application dismissed.

Tags : PENSIONARY BENEFITS PREVIOUS SERVICE ENTITLEMENT