UNION OF INDIA Vs. S DHARMALINGAM

JUDGEMENT

(1.) This appeal, by special leave, raises the question whether the benefit of addition to his qualifying service under Rule 30 of the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as 'the Rules') can be availed by a person who was already employed as a Government servant when he was appointed to the service or post referred to in Rule 30.

(2.) The respondent was employed as Investigator in the National Sample Survey with effect from May 8, 1956. While thus employed he was selected for the post of Labour Officer, by way of direct recruitment through the Union Public Service Commission, and having been appointed on the post of Labour Officer; he joined the said post on May 16, 1960. The respondent has retired from service in August, 1985. The period of service from May, 8, 1956 till May 16, 1960, when he was working as Investigator in the National Sample Survey was included in his qualifying service. He, however, claimed further benefit of addition in qualifying service under Rule 30 of the Rules which claim of the respondent was not accepted by the authorities and thereupon he moved the Central Administrative Tribunal (for short 'the Tribunal'). The said application of the respondent was allowed by the Tribunal by order dated July 12, 1988. The tribunal has directed the appellants to give to the respondent the benefit of addition of computed number of years to his qualifying service as permissible under Rule 30(1) of the Rules. Feeling aggrieved by the said decision of the Tribunal, the appellants have filed the present appeal.

(3.) Rule 30(1) of the Rules, as it stood at the relevant time, provided as under:-