Central Administrative Tribunal - Jodhpur
Lal Chand Kamboj vs M/O Defence on 28 October, 2025
1 OA No.398/2017
CENTRAL ADMINISTRATIVE TRIBUNAL
JODHPUR BENCH, JODHPUR
Original Application No.398/2017
Pronounced on : 28.10.2025
Reserved on : 21.08.2025
CORAM
HON'BLE Mr. JUSTICE RAMESHWAR VYAS, MEMBER (J)
HON'BLE Dr. AMIT SAHAI, MEMBER (A)
Lal Chand Kamboj S/o Shri Puran Chand Kamboj, aged about 34 years,
R/o village 6 H Colony, Post Office Patrora, District Sri Ganganagar.
Presently working on the post of Fire Engine Driver in the office of
Commandant 27 FAD pin 909427 C/o 56 APO.
.....Applicant
By Advocate: Mr. S.K. Malik
Versus
1. Union of India through the Secretary, Ministry of Defence,
Government of India, Sena Bhawan, New Delhi-11.
2. Director General of Ordnance Services (OS-8C) MGO's Branch,
IHQ of MOD (Army), New Delhi-11.
3. Officer-in-Charge, Army Ordnance Corps Records, Pin 900453, C/o
56 APO.
4. Commandant, 27 Field Ammunition Depot, Pin 909427, C/o 56
APO.
...... Respondents
By Advocate: Mr.B.L. Tiwari
RADHE
SHYAM
SONGARA
2 OA No.398/2017
ORDER
Per Hon'ble Mr. Justice Rameshwar Vyas, Member (J) In the instant OA, the applicant has prayed for direction against the respondents to count the past service rendered by him as Mazdoor and allow him old pension scheme with all consequential benefits.
2. Facts of the case in brief are as under:-
2.1 Applicant was selected for employment in Army Ordnance Corps (Unit : Ammunition Depot Dappar) as a Mazdoor on temporary basis on probation for a period of two years vide order dated 31.05.2002 (Annexure-A/1). His services were governed by Central Civil Services (Classification, Control and Appeal) Rules, 1965. The 17 FAD C/o 56 APO notified vacancies for the post of Firemen in September, 2003.
Since applicant possessed the requisite qualification for the post of Firemen, he applied for the said post. It is the averment of the applicant that he applied through proper channel. In this regard, the applicant has placed on record, no objection certificate Annexure-A/2, which reads as under:-
"It is certified that T.No.790 Maz Shri Lal Chand is working in this depot since 01 Oct 2003. There is no objection if the indl applies any where for financially better option of employment."
RADHE SHYAM SONGARA 3 OA No.398/2017 2.2 Thereafter, the applicant was selected for the post of Firemen vide order dated 21.04.2004 (Annexure-A/3). Therefore, he tendered his resignation letter dated 23.08.2005 (Annexure-A/4), which was accepted vide letter dated 24.09.2005 (Annexure-A/5).After that he was offered appointment letter for the post of Fireman on 22.09.2005 (Annexure- A/6).
2.3 On 11.01.2006, the applicant moved an application for counting of his past services rendered as Mazdoor and grant him pension and pensionary benefits applicable in the Old Pension Scheme. It is the case of the applicant that he appeared for selection to the post of Fireman after taking due permission. Applicant made further representation on 24.09.2013 (Annexure-A/8) for counting of his past service. Since, nothing was heard, the applicant moved another representation dated 12.11.2024 through proper channel. It is averred that Talvinder Singh and Amarjeet Singh firemen were granted benefits of Old Pension Scheme and the case of the applicant is on similar lines. 2.4. Relying upon the provision of Rule 26(2) of CCS (Pension) Rules, 1972 it is averred that past service has to be counted for all service benefits including pensionary benefits which were admissible in Old Pension Scheme. Terming the action of the respondent in not counting RADHE SHYAM SONGARA 4 OA No.398/2017 his past service as illegal, it is averred that the action of the respondents is contrary to the provisions of law as well as provisions of Articles 14, 16 an 21 of the Constitution of India.
3. In reply, it is averred that OA is hopelessly barred by law of limitation prescribed under the provisions of Administrative Tribunals Act. Contradicting the claim of the applicant, the respondents prayed to dismiss the OA.
4. Applicant filed rejoinder reiterating his stand in the OA averred that the applicant after obtaining NOC and due permission, appeared for the departmental examination. Therefore, his resignation was a technical resignation.
5. Heard learned counsel for the parties and perused the material available on record.
6. It is contended by the learned counsel for the applicant that New Pension Scheme started w.e.f. 01.01.2004, before that the applicant had been appointed as Mazdoor on 31.05.2002. Rule 26(2) of CCS (Pension) Rules, 1972 says that a resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment, whether temporary or permanent, under the RADHE Government The resignation of the applicant was technical, therefore, SHYAM SONGARA 5 OA No.398/2017 the respondents committed error in not allowing him pension under Old Pension Scheme. In support of his contention, he relied upon the Office Memorandum dated 25.06.2020.
7. On the other hand, learned counsel for the respondents submitted that the applicant did not apply for the post of Firemen through proper channel, which is mandatory to treat his resignation as technical resignation. No objection certificate is not equivalent to getting prior permission for applying for the post of Firemen. Learned counsel for the respondents has relied upon the following judgments and office memorandum:-
(i) Ramesh Chand Sharma vs. Udharm Singh Kamal, reported in 1999 (0) AIJEL-SC 23560, decided n 12.10.1999.
(ii) North Bengal State Transport Corporation and Anr. vs. Subhash Chandra Kar & Ors. reported in 2024 Supreme (Cal) 1413, decided on 20.06.2024.
(iii) P. Nanikutty (expired) and Anr. vs. K.U. Kalpakadevi and Ors., reported in 2023 2 CurCC 360, decided on 09.05.2023.
(iv) Office Memorandum dated 17.08.2016 of Ministry of Personnel, Public Grievances & Pension.
(v) Office Memorandum dated 24.11.2022 of Ministry of Personnel, Public Grievances & Pension.
RADHE SHYAM SONGARA 6 OA No.398/2017
8. Having regard to the submissions made by learned counsel for the parties and material available on record, the question to be decided by this tribunal is whether the resignation tendered by the applicant be treated as technical resignation. In this regard, Office Memorandum dated 24.11.2022 while consolidating various instructions describes technical resignation as under:-
"The resignation is treated as a technical formality where a Government servant has applied through proper channel for a post in the same or some other Department, and is on selection, required to resign the previous post for administrative reasons. The resignation will be treated as technical resignation if these conditions are met, even if the Government servant has not mentioned the word "Technical" while submitting his resignation. The benefit of past service, if otherwise admissible under rules, may be given in such cases. Resignation in other cases including where competent authority has not allowed the Government servant to forward the application through proper channel will not be treated as a technical resignation and benefit of past service will not be admissible."
RADHE SHYAM SONGARA 7 OA No.398/2017 8.1 In the matter of North Bengal State Transport Corporation and Anr (supra), the Hon'ble Calcutta High Court in para 24 observed as under:-
"24. It goes without saying that Technical Resignation would help only such government servants, who intends to get benefit of the past service for the purpose of fixation of pension, on his resignation from the service. The concept of technical resignation is contrary to the provision of Clause 17 of the Regulation 1990, which provides for the forfeiture of the past service of an employee of the corporation after resignation from the service, because resignation deemed to terminate the relationship of employee and employer. The conditions which require to be satisfied by a government servant for getting benefits of technical resignation are as follows :-
1. The government servant should apply to the post through proper channel,
2. The post should be either in the same department or other department of Government, and
3. Due to administrative reasons, there must be compulsion to resign from the previous post to join new one on selection."
In para 25, the Hon'ble Calcutta High Court observed that it makes necessary for the government servant who wants to take benefit of technical resignation that he shall apply for a post through proper RADHE channel. There is statutory procedure required to be followed for proper SHYAM SONGARA 8 OA No.398/2017 channel. Getting no objection certificate is neither equivalent to the proper channel nor amount to the permission of employer for applying to the post at other government department. 8.2 Rule 26 (2) of CCS (Pension) Rules, 1972 provides as under:-
"A resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies."
9. Having regard to the above provisions of law, it emerges that the applicant failed to produce any document suggesting that he applied for the post through proper channel and was granted permission to appear in the selection process .The no objection certificate (Annexure-A/2) relied upon by the applicant does not say that this certificate was issued with regard to application seeking permission to apply for the post of Firemen.
9.1 As per office memorandum dated 24.11.2022, the resignation will be treated as technical resignation if a Government servant has applied through proper channel for a post in the same or some other department. In the absence of establishing the fact that he applied for the post of Firemen through proper channel, we are unable to treat the resignation tendered by the applicant as technical resignation. On the basis of no RADHE SHYAM SONGARA 9 OA No.398/2017 objection certificate, the presumption cannot be drawn to the effect that the applicant applied for the post through proper channel. No objection certificate is silent with regard to the notification issued for the post of Firemen. In view of the above, we are unable to accept the contention of the applicant that his resignation was technical. Since the fact of applying for the post of Firemen through proper channel has not been established by the applicant, we are unable to give benefit of Old Pension Scheme to the applicant in the instant case. 9.2 In view of the above, the OA fails and deserves to be dismissed. Hence dismissed. No order as to costs.
(AMIT SAHAI) (RAMESHWAR VYAS)
MEMBER (A) MEMBER (J)
Rss
RADHE
SHYAM
SONGARA