Central Administrative Tribunal - Ernakulam
G Bhasi vs The Secretary Ministry Of Information ... on 1 December, 2022
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Central Administrative Tribunal
Ernakulam Bench
O.A No.180/00694/2018
Thursday, this the 1st day of December, 2022
CORAM:
Hon'ble Mr. Justice Sunil Thomas, Judicial Member
G.Bhasi, aged 68 years
S/o.Govinda Pillai, Rtd. Security Officer Grade III
All India Radio Bangalore,
Residing at Thiruvathira House
Karalimukku P.O, Kollam - 690 543 - Applicant
(By Advocate: Mr.V.Sajith Kumar)
Versus
1. Union of India, represented by its Secretary
Ministry of Information & Broad Casting
New Delhi - 110 001
2. The Superintending Engineer, SPT, All India Radio
Yelehanka P.O, Bangalore - 560 064
3. The Pay and Accounts Officer
All India Radio, Mylapore
Chennai - 600 004 - Respondents
(By Advocate: Mr.A.S.Brijesh, ACGSC)
The O.A having been heard on 1st December, 2022, this Tribunal delivered the
following order on the same day:
O R D E R (ORAL)
The Original Application has been filed seeking the following reliefs: 2
"(i) To call for the records leading to the issue of Annexure A13 and quash the same
(ii) To issue appropriate order/diection directing the respondents to extend all the benefits due to applicant under the provision of Rule 10 of the CCS (Temporary Service) Rules 1965, for the period of service rendered by him in terms of Annexure A-11 order, within a time frame as deemed fit and proper to this Hon'ble Tribunal. "
2. The applicant after rendering 20 years of qualifying service as Sub Inspector in Central Reserve Police Force (CRPF), applied for voluntary retirement and relieved from service on 1.11.1992. He was re-employed as Security Guard in All India Radio, Port Blair with effect from 8.3.1995. While so, on applying through proper channel, by Annexure A-3, he was selected as Security Officer under second respondent with effect from 17.3.1997. In December 2008, he applied for voluntary retirement, which was granted by Annexure A-6 order dated 22.01.2009 with effect from 1.4.2009. However, he was denied pension and DCRG on ground that he was not eligible by virtue of Rule 7 of CCS (Pension) Rules, 1972, as revealed from Annexure A8.
3. The applicant approached this Tribunal through O.A 302 of 2010 by seeking terminal benefits claiming that he retired as a temporary government servant and entitled under Rule 10(1)(B)of CCS (Temporary Service) Rules 1965. However, that claim was declined. That order was under challenge in O.P (CAT) 1349/11. The learned Division Bench by Annexure A11 judgment set aside the impugned order and 3 directed that the respondents shall extend all terminal benefits, due to the applicant as expeditiously as possible.
4. The above order was sought to be reviewed at the instance of the respondents wherein, in Review Petition No.855 of 2017 vide Annexure A-12 order, learned Division Bench clarified that the Division Bench by Annexure A-11 judgment had only held that Annexure A-8 order was not sustainable and the direction was to consider in terms of Rule 10 of the CCS (Temporary Service) Rules. It was made clear by the Division Bench that the eligibility of the applicant was required to be considered strictly in conformity with Rule 10 of the Rules and the benefits to the extend as payable, if he is otherwise eligible in all respects, shall be considered and finalized.
5. Consequent thereto, Annexure A-13 order was passed. The authority, after refering to Rule 10 of CCS (Temporary Service) Rule 1965, held that the applicant had proceeded on voluntary retirement from CRPF after completion of 20 years of regular service and getting (civil) pension and all retirement benefits from CRPF. After re-employment as Security Guard in All India Radio and applied for a fresh for a post of Security Officer, Grade III which was a permanent post. According to the authority, applicant took voluntary retirement before completion of 20 years of service. Hence he is not entitled for pension by virtue of Rule 10(1)(B) of CCS (Temporary Service) Rules 1965. Further, as per Rule 7(2) of CCS (Pension) Rules, 4 he is also not eligible for another civil pension and gratuity. It was noted that leave encashment and CGEGIS amount as admissible to him has already been paid to him. In other words, it was held that the applicant was not entitled for the pension, retirement gratuity and commutation of pension etc. This is under challenge in this Original Application.
6. The learned counsel for the applicant vehemently contended that in the light of Annexure A-12 judgment, Annexure A-13 review judgment and having regard to the fact that the applicant has put in 14 years of service, he is entitled at least to gratuity by reckoning his past service. Opposing this, learned ACGSC invited my attention to Rule 10(1-B) of Sub Clause (1), which specifically provided that in the case of a temporary government servant who retires from service on attaining the age of superannuation or on his being declared to be permanently incapacitated for further government service by the appropriate medical authority, after having rendered temporary service of not less than 10 years or in the case of a government servant who had sought voluntary retirement after completing 20 years of service, such government servant shall be eligible for the grant of superannuation, invalid or retiring pension, as the case may be, and retirement gratuity (emphasis supplied).
7. Above provision clearly shows that the government servant on voluntary retirement shall be eligible for grant of pension and retirement gratuity only if he has completed 20 years of service.
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8. The learned counsel for the applicant contended that the applicant was posted in a substantive vacancy as evident from Annexure A-5 and that he was confirmed though without any provision by Annexure A-5 referred to in Annexure A-11. In Annexure A-11, the Division Bench has held that though it was an erroneous act on the side of All India Radio for no fault of this petitioner and consequentially, the Division Bench held that denial of the terminal benefits due to the applicant was not justifiable. The learned counsel for the applicant advanced his argument that if that be so, an option should have been given to the applicant to opt for adding the past service also for the getting the pensionary benefits. The applicant is not entitled to advance his argument at this juncture, without any statutory backing and when he has not advanced any such claim before the authority or in this Original Application.
9. Rule 10 (1-B)of Sub Clause 1 is clear that only if the Government servant who has sought voluntary retirement has completed 20 years of service, he is entitled for pension and retirement gratuity.
10 In the light of the above, the applicant is not entitled for gratuity not withstanding the fact that he has completed 14 years of service on the reasoning that the Rule extends to persons who takes voluntary retirement after completion of 20 years of service.
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11. In this context and since the Rule position is clear, I find no reason to interfere with Annexure A-13 order. The Original Application fails and accordingly, it is dismissed. No costs.
(Justice Sunil Thomas) Judicial Member sv 7 List of Annexures Annexure A1- A true copy of the Order No.P-III-20/91-88-Pen dated 28.10.1999 issued by the commandant 88 (Mahik) BN.C.R.P.F New Delhi Annexure A2- A true copy of the Discharge Certificate Serial No.3/92-88 issued to the applicant by CRPF authority Annexure A3- A true copy of the Order No.SPT/BAN/1/(4)/97-S/ dated 24.3.1997 issued by the 2nd respondent Annexure A4- A true copy of the order No.PB.21(1)/97-S(GB) dated 10.3.1997 issued by the Station Engineer AIR Port Blair Annexure A5- A true copy of the order No.SPT/BAN/9(2)2000-S/dated 03/04/2000 nd issued by the 2 respondent Annexure A6- A true copy of the letter No.SPT/BAN.1(5)/2008/S dated 22/1/2009 nd issued by the 2 respondent Annexure A7- A true copy of order No.SPT/BAN/1(5)/2008/S dated 1.4.2009 Annexure A8- A true copy of the letter No.13(2)/09-10/AC/GB 2381 dated 1.10.2009 rd by the 3 respondent Annexure A9- True extract of the provisions of Sub Rule 1-B of Rule 10 of CCS (Temporary Service) Rules 1965 Annexure A10- A true copy of the order dated 8.2.2011 in O.A 302 of 2010, of the Hon'ble Central Administrative Tribunal, Ernakulam Bench Annexure A11- A true copy of the judgment dated 28.6.2011 in OP(CAT) 1349/2011 by the Hon'ble High Court of Kerala Annexure A12- The true copy of judgment dated 29.11.2017 in R.P No.855/17 in OP(CAT) 1349/11 by the Hon'ble High Court of Kerala .///