Central Administrative Tribunal - Hyderabad
Dr. G.S.R. Sastry vs Joint Secretary (Admn.), Council Of ... on 16 August, 2007
ORDER
P. Lakshmana Reddy, J. (Vice Chairman)
1. Heard Mr. M.V.S. Sai Kumar, Learned Counsel for the applicant and Mr. C. B. Desai, Standing counsel appearing for the respondents.
2. Additional reply statement has been filed by the counsel for the respondents, stating that only the rule position has been explained in the said additional reply statement. The other side counsel has no objection to receive the Additional reply statement and he has stated that there is no need to file additional rejoinder in this case.
The facts of the case in brief are as follows:
3. The date of birth of the applicant is 10.9.1944. He applied for the post of Senior Scientific Assistant. After due selection, he was recruited as Senior Scientific Assistant on 29.07.1974. His qualification is M. Tech, Ph. D by the date of recruitment as Senior Scientific Assistant. He retired on 30.09.2004 after attaining the age of 60 years. His actual service rendered is 30 years 2 months. The required qualifying service to earn full pension is 33 years. The applicant's service is short of 2 years 10 months to earn full pension. Therefore, the applicant claimed the benefit under Rule 30 of CCS (Pension) Rules, 1972 and submitted a representation to the authorities on 27.08.1998. The same was forwarded to Rule 1 by Rule 2. Later Rule 1 rejected the same on 12.11.1998. On 27.3.2000 the applicant made another representation to Rule 2. As there was no reply, the applicant sent representation to the Director General, Council of Scientific and Industrial Research (in short C.S.I.R), New Delhi (who is not made a party in this O.A). On 29.03.2005, the 1st respondent communicated the decision of the Director General, DST, New Delhi, stating that the request of the applicant cannot be acceded to and the decision in this regard conveyed earlier vide letter dated 12.11.1998 is reiterated. Questioning the said order dated 29.3.2005, the present application is filed contending that as per the Rule 30 of C.C.S. (Pension) Rules, 1972, an employee is entitled to add qualifying service for super anuation pension, the actual period but not exceeding the of his length of his service or the actual period by which his age at the time of recruitment exceeds 25 years or a period of five years, whichever is least and the said benefit shall be extended to the persons who acquires additional qualifications than the prescribed qualification to the post in which he was appointed originally.
4. The applicant submitted that he has fulfilled the above said qualifications for grant of benefit of addition to service qualifying for superannuation pension. He further stated that at the time of his original appointment, he was aged 29 years and having higher qualification i.e. M. Tech., and Ph.D. Whereas, the required qualification is only M.Sc./B.Tech., and it clearly shows that the applicant is entitled for grant of benefit of addition to qualifying service.
5. Respondents have contested the application and filed reply contending that at the time of appointment of the applicant on 29.07.1974, there were no separate recruitment rules and the recruitment and service conditions were regulated in accordance with the provisions contained in erstwhile Bye laws of CSIR. The Bye Laws 57, 58(a) & 75(b) and similarly Rule 30 of C.C.S. (Pension) Rule, 1972 are also extracted in the additional counter reply.
6. Respondents stated that in D.O.P.T I.D. Note dated 05.10.2001, it is clarified that qualification of B.E/B. Tech with three years experience can be acquired by the age of 25 years, as such, do not conform to the criteria prescribed under rule 30 for benefits of addition to qualifying service for pension benefit. It is further stated that mere possession of higher qualification at the time of recruitment, than the prescribed essential qualification benefit of Rule-30 of CCS (Pension) Rules, 1972 are not admissible and the same fact is also clarified in DP & PW vide ID dated 08.2.2002 which reads as follows:
The benefit under Rule 30 can be allowed to the incumbents of the post where the essential qualification and experience prescribed for the post cannot be acquired by the age of twenty five years. Accordingly, Ministries/Departments etc are required to make provisions for such benefit in the RRs notified for such post. In the instant case, essential qualifications and experience prescribed are as under:
M.Sc. with specialization in Solid State Physics or B.E., B. Tech with three years experience or Ph. D. in Solid State Physics.
7. It is pleaded that since the essential qualification prescribed for the Senior Scientific Assistant can be acquired before attaining the age of 25 years, therefore, the Rule 30 of CCS (Pension) Rules, 1972 will not be applicable in this case. Hence, the respondents have rightly rejected the request made by the applicant and the application is devoid of merits and is liable to be dismissed accordingly.
8. The only point that arose for consideration in this O.A. is
1. whether the applicant is entitled for the benefit under Rule 30 of CCS (Pension ) Rules 1972? and;
2. Whether the impugned orders not sustainable in law?.
9. Answer to point No. 1:
It is useful to extract Rule 30 of CCS (Pension) Rules, 1972 for better appreciation:
(1) The Government may, by order, allow a government servant appointed to service or post after the 31st March 1960 to add to his service qualifying for superannuation pension (but not for any other class of pension) the actual period not exceeding one fourth of the length of his service or the actual period by which his age at the time of recruitment exceeded twenty five years or a period of five years, whichever is less, if the service or post to which the government servant is appointed is one-
(a) for which post graduate research or specialist qualification, or experience in scientific, technological or professional fields is essential; and
(b) to which candidates of more than twenty five years of age are normally recruited;
Provided that this concession shall not be admissible to a government servant unless his actual qualifying service at the time he quits government service is not less than ten years;
Provided further that a government servant who is recruited at the age of thirty five years or more may, within a period of three months from the date of his appointment, elect to fore-go his rights to pension where upon he shall be eligible to subscribe to a Contributory Provident Fund.
(2) The option referred to in the second proviso to Sub-rule (1), once exercised shall be final.
(3) Where it is considered necessary to apply the concession under this rule to a particular service or post it shall be decided in consultation with the Ministry of Finance before a person is recruited to that service or post;
Finance before a person is recruited to that service or post;
Provided that the Union Public Service Commission shall also be consulted if the recruitment to the service or post is made by that Commission.
It is also useful to extract the essential qualification and experience required for the post advertised. The Advertisement No. 3/74 is annexed as Annexure - I along with the counter reply statement. Page-4 of the said advertisement, the essential qualifications required for Senior Scientific Assistant with which we are concerned are given under the heading of Qualifications and Experience which reads as follows:
4. Senior Scientific Assistant (Nine Posts) Gr. Rs. 550-25-750-EB-30-900 (2 posts are Reserved for Scheduled Caste and 2 Posts are reserved for Scheduled Tribes.
Qualification and Experience:
Post 1 : A good M.Sc. Degree in organic or Analytical Chemistry or a B. Tech, degree with specialization in oil or paint technology with at least two years experience in analytical work relating to oils and paints.
As seen from the essential qualifications required for Senior Scientific Assistant, a good M.Sc. Degree or B. Tech with at least two years experience. The applicant possessed M. Tech & Ph.D. M. Tech & Ph. D is not the essential qualification prescribed for the post. The qualification prescribed for the said post is only B. Tech with two years experience. As seen from the Rule 30 of CCS (Pension) Rules, 1972, the benefit of addition to qualifying service is available only if the post to which the government servant is appointed:
1) for which post graduate research or specialist qualification, or experience in scientific, technological or professional fields is essential; and
(b) to which candidates of more than twenty five years of age are normally recruited.
Here, in the instant case, the minimum qualification required for the Senior Scientific Assistant is not a Post Graduate Research or any specialized qualification. The said Rule 30 of CCS (Pension) Rules, 1972 has been clarified by the D.O.P.T. I.D. Note dated 05.10.2001 stating that qualification for BE/B. Tech with three years experience can be acquired by the age of 25 years and, as such, the post for which essential qualification is B. Tech with three years experience, which does not have the benefit of Rule 30 of CCS (Pension) Rules, 1972. In the case in which they have sought clarification from the D.O.P.T., the minimum qualification required was M. Sc. with specialization in Solid State Physics or B.E., B. Tech with three years experience or Ph. D. in Solid State Physics. In such case, the D.O.P.T clarified that for the said post Rule 30 is not applicable. It is stated in the said clarification that three alternative qualifications have been prescribed for the post and only one of the above Ph. D in Solid State Physics fulfills the criteria for the same laid down in Rule 30(1) of CCS (P) Rules 1972. The remaining two alternative qualifications can be acquired by the age of 25 years and thus does not make the post fit for the grant of benefit of Rule 30 to the incumbent. Here in the instant case, the essential qualification prescribed is only B.E./B. Tech with only two years experience. This can easily be acquired before attaining the age of 25 years.
10. However, the contention of the applicant is that though the post does not require the Post Graduate Research, the candidate possessed the Post Graduate Research even by the date of his recruitment, and, hence, he is entitled for the benefit under Rule-30 of CCS (Pension) Rules, 1972. I am unable to accept the said contention. Because the Rule 30 of CCS (Pension) Rules clearly says that the benefit of Rule 30 is available only to the post for which the Post Graduate Research or for specialized qualification is prescribed. But, here in the instant case, as seen from the advertisement, the essential qualification is only B. Tech with two years experience, which could be completed before attaining the age of 25 years.
11. Hence, I am of the considered view that the applicant is not entitled for addition of qualifying service to the actual service rendered by him. In other words, the applicant is not entitled for the benefit of Rule 30 of CCS (Pension) Rules, 1972. The respondents have rightly rejected the representations made by the applicant. In view of the above, I find no merit in this O.A.
12. In the result the O.A. is dismissed. However, there shall be no order as to costs.