MUKUL SANWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who appears in person, assails the order dated 09.10.2018 passed by Central Administrative Tribunal ('the Tribunal' for short) in OA No. 1805/2017. The Tribunal has rejected the original application preferred by the petitioner wherein he had assailed the orders/communications issued by the respondent, denying his claim for the pension. He further sought direction to the respondent to pay him pension and other related entitlements along with arrears and interest thereon.

(2.) The petitioner was appointed to the Indian Administrative Service in 1971. In 1993, the petitioner was deputed on foreign assignment as Policy Advisor in United Nations. Prior to completion of five years on foreign assignment (which was permissible under the consolidated instructions relating to foreign assignments of Indian experts), the petitioner was transferred within the United Nations by the Secretary General. The Government of India considered the said transfer as a fresh deputation, and his foreign assignment was not extended beyond 1995.

(3.) The petitioner represented for extension of his foreign assignment and same was also recommended by State of UP. However, that request was not exceeded to. Eventually, since the petitioner did not rejoin despite notices, the President was pleased to issue a Notification dated 18.05.2001, whereby the petitioner was deemed to have resigned from the Indian Administrative Service with effect from 01.07.1995 in terms of Rule 7(2) of the All India Service (Leave) Rules, 1955. The same reads as under: