PRADUMAN KUMAR JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Special leave granted.

(2.) The appellant joined Central Government service on March 2, 1974. He was selected for appointment as Senior Engineer in the National Thermal Power Corporation (NTPC, a Central Government Undertaking. He joined the NTPC on October 31, 1986. No specific order confirming the appellant in the service of the Central Government was issued. The question before the Central Administrative Tribunal (the Tribunal, New Delhi was whether the appellant was entitled to pro rata pension for the period of his service under the Central Government. The Tribunal answered the question in the negative and rejected the claim of the appellant on the short ground that the appellant was not a substantive employee of the Central Government. This appeal by way of special leave is against the judgment of the Tribunal dated October 24, 1991.

(3.) The appellant joined the Central Government service on March 2, 1974 as Technical Assistant in the Office of the Director General of Supplies and Disposals and worked there till October 12, 1977. On October 13, 1977 he joined the Indian Meteorological Department (IMD) as Assistant Meteorologist after being selected through the Union Public Service Commission, He was placed on probation for a period of two years. He was permitted to cross the first efficiency bar on October 1, 1983. While working with the IMD he was selected for appointment as Senior Engineer in the NTPC. He was required to resign from the Central Government service for the purpose of joining the NTPC. The appellant delayed his joining the NTPC because his case for confirmation as Assistant Meteorologist was under consideration of the Central Government. The NTPC finally directed the appellant to join on or before October 31, 1986. In the meantime, the appellant was promoted as Meteorologist Grade-I in the IMD with effect from September 22, 1986 and posted at Pune. However, in order to pursue his case for confirmation, he decided to forgo the promotion. Despite repeated representations the IMD did not confirm the appellant and, as such, he submitted his resignation on October 21, 1986 to the IMD. He was relieved on October 30, 1986 by the IMD and he joined the NTPC on October 31, 1986. On February 11, 1987, the appellant again represented to the Central Government requesting for the grant of pro rata pension as he had served the Government for twelve years and eight months. The Director General, IMD by his letter dated November 11, 1987 informed the appellant that since the seniority list of the cadre of Assistant Meteorologist has been quashed by the Central Administrative Tribunal, Madras Bench, his case "for confirmation will be considered according to rules on the basis of revised seniority list when finalised." Since no decision was taken by the IMD for considerable time, the appellant approached the Tribunal seeking direction that he should be deemed to be a substantive employee of the Central Government within the meaning of Rule 13 of the CCS (Pension) Rules 1972 (the Rules) and, as such, entitled to pension and other retiral benefits under the rules. As mentioned above, the Tribunal rejected the prayer.