UNION OF INDIA Vs. V R CHADHA

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the learned counsel for the parties.

(3.) The respondent was appointed as Upper Division Clerk in the office of the Accountant General in the State of Madhya Pradesh on 21/11/1955. The said appointment was on a temporary basis and the respondent was declared permanent with effect from 1/3/1960. He was subsequently appointed as S. S. Accountant with effect from 4/7/1961. While thus employed, he applied for the post of Accounts Executive in the Bokaro Steel plant. The said application was forwarded through proper channel with the condition that in case he was selected he would have to resign finally within a period of two years beyond which his lien would not be retained in the parent office. On selection for the said post of Accounts Executive the respondent was relieved on 19-10-1967 and he tendered his resignation with effect from the date he was relieved from duty and the resignation was accepted with effect from 20/10/1967. He made a claim for pro rata retirement benefits for the period of service rendered by him in the Office of the Accountant General from 21/11/1955 to 19-10-1967. The said claim of the respondent was not accepted. He, therefore, filed an application (OA No. 2414 of 1992 before the central Administrative tribunal, Principal bench, new Delhi (hereinafter referred to as "the tribunal") which application has been allowed by the tribunal by the impugned judgment dated 7/6/1994. The tribunal has held that the respondent was entitled to payment of pro rata pension, gratuity, etc. admissible to him in respect of his service in the office of the Accountant General. Feeling aggrieved by the said decision of the tribunal the appellants have filed this appeal.