UNION OF INDIA Vs. O P SHARMA

JUDGEMENT

(1.) RESPONDENT O.P. Sharma was originally inducted into the Indian Air Force, whereafter having rendered one year and 143 days service, he was discharged from service on medical grounds. Subsequently, he came to be employed in civil service on quasi -temporary basis against the post of Civil Telecom Mechanic. This service was in lieu of combatant service. The respondent O.P. Sharma assumed his duties as Civil Telecom Mechanic on quasi -temporary basis w.e.f. 01.08.1958. During the course of his employment, his status was upgraded as quasi -permanent w.e.f. 01.04.1970.

(2.) THE sole issue which arises for consideration at our hands, is the manner in which respondent O.P. Sharmas employment came to an end on 26.02.1975. Insofar as the instant issue is concerned, the appellants have appended herewith (as Annexure No. 4), a communication dated 19.03.1975. In the aforesaid communication (in paragraph 2 thereof), it was, inter alia, recorded as under : "Your resignation has been accepted. You are discharged from service at your own request with effect from 26 Feb. 1975 (FN)."

(3.) A perusal of the observations extracted in the discharge order dated 19.03.1975, issued to the respondent O.P. Sharma reveal, that the respondent came to be discharged as a consequence of his having submitted a resignation. It is further apparent from the aforesaid extract, that the aforesaid resignation was accepted by the authorities. On the acceptance of his resignation, respondent O.P. Sharma was discharged from service. As is apparent from the extract of the order dated 19.03.1975, the services of the respondent O.P. Sharma came to be served w.e.f. 26.02.1975. At the said juncture, i.e. on 26.02.1975, the respondent O.P. Sharma was not entitled to any retiral benefits. For the first time, it was realised by him (i.e. the respondent O.P. Sharma) that he may be entitled to retiral benefits, when he became aware of an order issued by the Government of India dated 14.04.1987. Reference in this behalf was made by the respondent O.P. Sharma when he approached the Allahabad High Court by filing Writ Petition No. 5654 of 1998, so as to claim his pensionary benefits. In this behalf, it would be relevant to extract, under paragraph 7 of the said Writ Petition : "7. That, the Govt. of India has issued order vide OM No. 2/4/87 PRC Dt. 14th April, 1987 that the Govt. servants will get pension under the CCS (Pension) Rules, 1972 either on superannuation or invalidity after rendering 10 years of the Temporary service and the Govt. has allowed benefit under Rule 19(1) of the CCS(P) Rules, 1972 to such employees who have retired on superannuation or invalidment/invalidation or without confirmation after rendering ten years of combined military Civil Service under the provisions of Rule 91(1) may be deemed to have been modified accordingly."