K K DHIR Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is directed against the order dated 2nd April, 2002 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A. No. 2491/2000 whereby the original application filed by the petitioner has been dismissed.

(2.) Brief facts of the case are that the petitioner joined the office of Respondent no.2 i.e. Accountant General (A and E) Punjab, Chandigarh (formerly A.G. Punjab, Shimla) as Upper Division Clerk (UDC) on 24.2.1953. On passing the SAS examination, he was promoted as superintendant with effect from 08.12.1958. He was granted quasi-permanent status with effect from 1.7.1956. He applied for the post of Accounts and Finance Officer in ONGC through proper channel. On being selected for the said post, the petitioner states that he was forced to resign, since he would otherwise not be permitted to join ONGC. He accordingly tendered his resignation in pursuance of the letter dated 13.5.1964. He was relieved by Respondent No.2 on 24.2.1965. Thereafter, he joined the ONGC on 25.2.1965. On 17.4.1965 and 25.6.1965, the Petitioner sought to withdraw his resignation tendered to Respondent No. 2 earlier, and the withdrawal of resignation was accepted by the respondent No. 2 on 28.8.1965 and vide order dated 23.9.65, the intervening break in service was treated as "dies-non'`. It was not to constitute a break in service. Petitioner continued to work in the office of respondent No.2 till 7.1.1966 when he resigned once again to join ONGC. He finally retired from ONGC on 30.4.1990. The Petitioner claims that he remained in service of Respondent No.2 from 24.2.1953 to 7.1.1966 minus the period of dies-non from 25.2.65 to 17.9.65.

(3.) Petitioner requested the respondent for grant of prorata pensionary benefits on 15.10.1996 as he had rendered more than 10 years of qualifying service with the respondents as aforesaid. However his claim was rejected vide respondent's letter dated 30.6.1997. He made another representation which was also rejected on 8.6.1999.