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Dr A V Koteswara Rao vs Gnctd on 9 February, 2022

13 OA 352/00130/SKM/2020 Resignation on or after 2004 can be claimed or extended the benefit of previous service. In the present case, undisputedly, the applicant after his retirement or upon completion of his service period in the year 2013 from Military Establishment had joined the MSME on 26.12.2015. Therefore, the benefit of Rule 19 is available to the applicant herein since his re-employment is in MSME was on or after 2004. 6.3. It is submitted that while rejecting the claim of the applicant, the respondents had considered the order passed by the CAT, Principal Bench in O.A. No. 3162/2015 in the case of A.V. Koteswar Rao vs. Govt. of NCT, New Delhi & ors. along with O.A. No. 3160/2015 (Suresh Kumar Bukka v. Govt. of NCT of Delhi) and had recorded the finding that in the said referred cases, the said Mr. Rao was extended the benefit of Rule 19 since his resignation from Military Service was considered to be Technical Resignation under the provision of Rule 26(2) and, accordingly, he was found eligible for counting of his past Military Service in the said Rule 26(2) but not under Rule 19 of CCS (Pension) Rules. The present case is, therefore, not covered under O.M. dated 28.10.2009 and Rule 19 is also not applicable in this case. Accordingly, vide impugned order dated 11.12.2019, the claim of the applicant has not been acceded to, which is just and proper.
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