M.A. SIKANDAR Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The present petition raises a short but important question; as to whether an employee, while holding his lien in the parent organization, can claim that the period when he was working on deputation in other organization, be counted as service in the parent organization, for the purpose of computation of his terminal benefits.

(2.) The petitioner, who joined the services of Delhi University/respondent No. 1 as an Assistant Registrar on 29/8/2001 was, under the provisions of Statute 28-A of the University General Provident Fund-cum-Pension-cum-Gratuity Scheme, admitted to the general provident fund. As, the petitioner had, before joining the Delhi University, between 23/4/1985 and 28/8/2001, served in various Central Government departments and Autonomous Organizations in various capacities, his entire past services of 16 years 4 months was to be counted for the purpose of computation of his terminal benefits. Being a non-teaching staff, in terms of Rule 12 of the "University Non- Teaching Employees (Terms and Conditions of Service) Rules, 2013 ("the University Rules, 2013"), he was to reach superannuation at the age of 60 years.

(3.) The petitioner was thereafter promoted as a Deputy Registrar w.e.f., 5/2/2008 and on the said post, he was w.e.f. 21/7/2011, selected and appointed to the post of Director, National Book Trust (NBT) on deputation, for a period of three years on a year-to-year basis, based on the recommendations of a search-cum-selection committee by the Government of India, Ministry of Human Resource Development ("MHRD").