Central Administrative Tribunal - Allahabad
Kanhaiya Lal Son Of Shri Bipat Lal vs Union Of India Through Ministry Of ... on 13 February, 2012
Open Court CENTRAL ADMINISTRATIVETRIBUNAL,ALLAHABAD BENCH, ALLAHABAD (This the 13th Day of February, 2012) Honble Mr. Shashi Prakash AM Original Application No. 1145 of 2011 (U/S 19, Administrative Tribunal Act, 1985) Kanhaiya Lal Son of Shri Bipat Lal, Presently posted on the post of Principal, Jawahar Navodaya Vidyalaya, Manikpur, District Chitrakoot. . Applicant By Advocates: Shri Ram Sheel Sharma Shri Rajeev Sen Shri K.P. Singh Versus 1. Union of India through Ministry of Education Parliament New Delhi Through its Secretary. 2. Commissioner Kendriya Vidyalaya Sangathan Sahidjeet Singh Road, New Delhi. 3. Assistant Commissioner Kendriya Vidyala Sangathan Regional Sector J Aliganj Lucknow. 4. Principal Kendriya Vidyalay, R.R.C. Fatehgarh, District Farrukahabad. .. . Respondents By Advocate: Shri N.P. Singh O R D E R
Through this Original Application the applicant is seeking a direction in the nature of mandamus directing/commanding the respondents to pay the prorata monthly pension to the applicant as well as Group Insurance, Provident Fund, Gratuity and other retiral benefits.
2. In a nutshell, the facts of the case are that the applicant was appointed on the post of Yoga Teacher in Kendriya Vidyalaya Sangathan and joined his duty on 15.03.1982 and worked in that organization till 25.07.1992. Thereafter, the applicant applied against the advertised vacancy of PGT Teacher in Jawahar Navodar Vidyaalaya, Junagarh Porbandar after obtaining No Objection Certificate from the respondents and after completion of all formalities. The applicant was selected for the post of PGT (Geography) in the Jawahar Navodar Vidyalaya, Porbandar and after selection to the aforesaid post the applicant was relieved on 20.05.1992. It is the case of the applicant that having put in more than 10 years of service in K.V., he is legally entitled for prorata monthly pension and other retiral benefits, in view of the fact that he had joined his new post after obtaining appropriate No Objection Certificate from his earlier department and complying with all the required formalities. The applicant has alleged that despite lapse of several years the respondents have still not paid the prorata monthly pension including Gratuity, Group Insurance, G.P.F., and other benefits payable to him, despite directions of the Education Officer, K.V.S. New Delhi to the K.V.S. Regional Office, Lucknow for expeditious settling of the pension matter of the applicant.
3. Learned counsel for the applicant also drew the attention of the Tribunal to Swamys Handbook, 2005 (Chapter XX Page 268) which reads as under:-
1. Deemed Retirement/Resignation- such an employee is deemed to have retired /resigned from service from the date of such absorption. For service in the Government, they would be eligible for the proportionate Service Gratuity/Pension and Retirement Gratuity admissible under relevant rules.
2. Retirement benefits- Prorata monthly pension and retirement gratuity on the basis of qualifying service up to the date of permanent absorption will be admissible.
3. Commutation of pension- Is entitled to commutation without medical examination if application is made within one year from the date of permanent absorption.
4. Encashment of Earned Leave- The Government servant is entitled to encashment of earned leave to his credit on the date of such absorption subject to a maximum of 300 days including the number of days for which encashment was availed along with LTC
4. Learned counsel for the applicant also draw the attention to Chapter XX Page 273 and Para 14 of the Swamys Handbook 2005, which is also reproduced below:-
A. Permanent Government servant or a temporary/quasi-permanent Government servant who has been confirmed subsequent to his absorption shall be eligible to seek Voluntary Retirement after completing 10 years of qualifying service with the Government and the Autonomous Body/ public Sector Undertaking taken together, and he/she shall be eligible for prorata pensionary benefits on the basis of combined qualifying service.
5. Learned counsel further argued that having regard to the above provisions, it is incumbent upon the respondents to make the payment of Prorata pension and other admissible retiral benefit and that the denial of the same by the respondents is arbitrary and illegal. He urged that the Tribunal may pass orders commanding the respondents to pay the prorata monthly pension to the applicant as well as other post retiral benefits.
6. Learned counsel for the respondents emphatically denied the contention of the counsel for the applicant He drew the attention to Para-12 of the Counter Affidavit and submitted that as per rule 26(1) CCS (Pension) Rules and Rule 39(6)(ii), CCS (Leave) Rules, resignation from service or a post, unless it is allowed to be withdrawn in the public interest by the appointing authority, entails forfeiture of past service, i.e. the Government Servant will not be entitled for any pension, gratuity or terminal benefits. However, he may be granted suo moto by the authority competent to grant leave, encashment equivalent in respect of earned leave at his credit on the date of cessation of service to the extent of half of such leave at his credit, subject to a maximum of 150 days including the number of days for which encashment of leave was availed along with leave Travel Concession. He further submitted that since the applicant resigned from the post of Yoga Teacher on 25.07.1995 and was relieved on his own request his claim for payment of prorata pension and post retiral benefit cannot be entertained.
7. Heard counsel for the parties. The limited points to be decided in the present O.A. is whether the applicant is eligible for prorate pension and other retiral benefit from the KVS Having regard to his appointment in the Navodaya Vidyalaya consequent to his application based upon the notification of vacancy, it would be seen that so far as KVS is concerned, the case of the applicant would fall in the category of quitting service, other than superannuation. It would be relevant to refer Rule 37 of CCS (Pension) Rules, 1981, wherein it has been provided that Government Servant, who has been permitted to be absorbed in the service or post in or under a Corporation or Company wholly or substantially owned or controlled by the Central Government or a State Government or in or under a Body controlled or financed by the Central Government or a State Government, shall be deemed to have retired from service from the date of such absorption and subject to sub Rule (3) he shall be eligible to receive retirement benefits if any, from such date as may be determined, in accordance with the orders of the Central Government applicable to him. It has also been laid down in Para-3 that where there is a pension scheme in a body controlled or financed by Central Government in which Government Servant is absorbed, he shall be entitled to exercise option either to count the service rendered under Central Government in that body.
8. It is observed from the facts of the case that the applicant as stated by him applied for the post of PGT in JNV, Probandar against advertised vacancy only after obtaining No Objection Certificate and completing the due formalities. Consequent to his selection, he joined JNV after resigning from KVS. In such a situation given the above stated Rules his resignation would have to be treated as technical resignation and the period of the service rendered by him in KVS have to be taken into account. As the applicant had completed more than 10 years of service in KVS and his resignation in terms of the relevant Rules was a mere technical resignation, he was entitled for pension and therefore on his absorption in JNV he is entitled to prorate pension and other post retiral benefit keeping in view the pension of Rule 37 of the Central Services (Pension) Rules as mentioned above which are quite clear on this point.
9. Having regard to this fact, the O.A. is allowed and the respondents are directed to pay the prorata pension and other post retiral benefit as admissible to the applicant subject to the condition that the respondents are satisfied that the applicant had applied for the post of PGT in JNV after obtaining No Objection Certificate and completing other formalities as required in such cases. No costs.
(Shashi Prakash) Member-A Sushil ??
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