DILEEB B Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who is presently employed as Senior Assistant in the Kerala State Electricity Board, (hereinafter referred to as the Board for short), has filed this writ petition for an order directing the respondents to reckon the service rendered by him in All India Radio under the Ministry of Information and Broadcasting during the period from 24-7-1992 to 31-3-1994, for the purpose of computing the length of qualifying service for pension. The brief facts of the case are as follows: The petitioner was formerly employed as Lower Division Clerk in All India Radio, New Delhi under the Ministry of Information and Broadcasting during the period from 24-7-1992 to 31-3-1994. He resigned from service to take up employment as Cashier in the Board and was relieved from All India Radio, New Delhi on 31-3-1994. After he was relieved from Ail India Radio, New Delhi on 31-3-1994, he joined service as Cashier in the Board on 4-4-1994. Long after he entered service, the Board issued Ext. P-2 order dated 1-9-2005 whereby the Board inter alia decided to count the prior service rendered by its employees in departments of the Government of India/ Autonomous Bodies as provided in G.O.(P) No. 369/87/Fin. dated 31-3-1987 and G.O.(P) No. 703/2002/Fin. dated 12-11-2002, for the purpose of computing the length of qualifying service in the Board, subject to realization of pro rata pension liability from the Department of Government of India/ Central Autonomous Body concerned. The Board also decided to deny the request of employees to remit the pro rata pension contribution themselves in the event of the former employer refusing to bear the pro rata pension liability. It was also stipulated that this will be applicable to pending requests as well as to future cases.

(2.) After Ext. P-2 Board order was issued, the petitioner submitted a representation to the fifth respondent requesting him to reckon the service rendered by him in All India Radio during the period from 24-7-1992 to 31-3-1994 for the purpose of computing the length of qualifying service for pension upon his retirement from the service of the Board. The Executive Engineer thereupon sent Ext. P-3 letter dated 16-3-2006 to the Deputy Director of Administration, All India Radio, New Delhi, requesting him to intimate whether his department is willing to remit the pro rata pension contribution for the purpose of reckoning the service rendered by the petitioner in All India Radio as pensionable service. Long thereafter, the petitioner submitted a representation dated 11-5-2009 to the Director General of All India Radio requesting for payment of pro rata pension contribution in respect of the service rendered by him in All India Radio during the period from 24-7-1992 to 31-3-1994. The said representation was submitted through the fifth respondent Executive Engineer, who forwarded it to the Director General of All India Radio along with his letter dated 12-5-2009.

(3.) Upon receipt of the said representation, the Director General of All India Radio sent Ext. P-4 letter dated 20-5-2009 to the fifth respondent, requesting him to forward the service book of the petitioner for further examination of the case. The fifth respondent thereupon forwarded the service book of the petitioner relating to his service in All India Radio, to the Director General of All India Radio along with Ext. P-5 letter dated 8-6-2009. The petitioner thereafter sent a letter dated 28-7-2009 to the Director General of All India Radio. Upon receipt of the petitioner's service book, the Director General of All India Radio sent Ext. P-6 letter dated 6-8-2009 to the petitioner informing him that his case is being examined, that certain clarifications have been sought from the Ministry of Information and Broadcasting and as soon as a reply is received, he will inform the petitioner of the decision taken in the matter. The Ministry of Information and Broadcasting took the stand that in the relieving order the petitioner's resignation was not termed as a technical resignation and communicated its views in the matter to the Director General of All India Radio as per letter dated 19-8-2009. The Director General of All India Radio thereupon sent Ext. P-7 letter dated 18-5-2009 (sic for 28-8-2009) to the petitioner, informing him that in view of Rule 26(1) of the Central Civil Services (Pension) Rules, 1972, he is not entitled to pensionary benefits as he had resigned from service. A copy of Ext. P-7 letter was communicated to the Executive Engineer of the Board also.