H S VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The short question, which arises for consideration, in this writ petition is as to whether the services rendered by the petitioner herein from 28.07.1964 to 29.09.1966 as a Post Graduate Teacher.( in short, PGT' ) in the Department of Education, Delhi Administration can be computed towards the pensionary benefits.

(2.) The short fact leading to filing of this present writ petition is as follows :- The petitioner worked as a PGT in the Department of Education, Delhi Administration in the scale of Rs.250/- Rs.470/- for a period of more than 2 years, i.e., from 28.07.1964 to 29.09.1966. He had. also been given increment in July, 1965 and from his salary, general provident fund had also been deducted. He joined Indian Air Force ( in short, 'IAF') as a Commissioned Officer upon tendering a technical resignation. However, he retired w.e.f. 31.03.1990. As far as back as on 14.12.1988 an application was filed by him for taking into account the aforementioned service towards his pensionary benefits, but, by a letter dated 10.04.1989 the same was rejected inter alia on the ground that the services of the petitioner was' ad hoc in nature. The petitioner thereafter filed a statement of case before the Commanding Officer on or about 01.05.1989 on the following ground:-

(3.) In the aforementioned situation, the question, which arises for consideration, is as to whether the petitioner's service as ad hoc PGT Physics in Delhi Administration should be counted for the purpose of computing pension and other retiral benefits.