R. CHANDRA Vs. GNCT OF DELHI AND ORS.

JUDGEMENT

(1.) Challenge in LPA No. 132/2014 is to the order dated November 18, 2013 dismissing R.P. No. 584/2013 filed by the appellant and thereby not reviewing the order dated September 12, 2013, which has been challenged by the appellant in LPA No. 133/2014. Learned counsel for the appellant concedes that no appeal lies against an order dismissing a review petition and thus LPA No. 132/2014 is liable to be dismissed on said ground alone.

(2.) As regards LPA No. 133/2014, the relevant facts to be noted are that the appellant was serving with the Regional Engineering College, Kurukshetra (established by the State of Haryana) since August 03, 1970 till June 23, 1982. The very next day i.e. on June 24, 1982 he was appointed as an Assistant Professor under the Delhi Technological University (Respondent No. 2), earlier known as Delhi College of Engineering, which was then an autonomous college under the Government of NCT Delhi and as of today is a deemed university established by the Government of NCT of Delhi. Service under respondent No. 2 is governed by the CCS (Pension) Rules, 1972 framed by the Central Government and the office memorandums issued by the Central Government concerning pension of Central Government Employees are applicable to the respondent No. 2. The appellant superannuated from service under respondent No. 2 somewhere in the year 2001 (exact date and month not disclosed in the pleadings) and the dispute pertains to qualifying service being calculated for pension with reference to the past service rendered by the appellant from August 03, 1970 till June 23, 1982 under the Regional Engineering College Kurukshetra. Whereas the appellant claims a right for said period to be reckoned towards pensionable service, the respondent No. 2 pleads to the contrary.

(3.) While serving under the Regional Engineering College the respondent was a member of the Contributory Provident Fund Scheme. When the appellant submitted technical resignation with the Regional Engineering College he received the amount payable to him as a member of the Contributory Provident Fund Scheme from the Haryana Government, and albeit belatedly, together with interest, deposited the amount with respondent No. 2 on July 16, 1997. The respondent No. 2 did not reckon service rendered by the appellant under Regional college of Engineering, Kurukshetra as pensionable service in spite of retaining the contributory provident fund amount received by the appellant from the State of Haryana together with interest thereon from the date appellant received the amount till when he deposited the same.