KAVENDRA SINGH SIDHU Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this petition, the petitioner has challenged the order dated 2nd September, 2009 and 1st June, 2009 passed by the respondent authorities as also to direct the respondent No.2 to permit the petitioner to opt for counting his past military services of 6 years 5 months and 19 days as qualifying services for pension in the present employment and also direct the respondents to permit the petitioner to deposit the amount of gratuity which has been paid by the Indian Air Force with the respondent department.

(2.) The short facts leading to filing of this petition are that the petitioner was working in Indian Air Force as an Airman and had put up more than 6 years of service. Pursuant to the advertisement issued by the respondent department for the appointment on the post of Assistant Commandant, the petitioner applied and had selected on the said post. After joining, the petitioner was sent for training, which he successfully completed in the year 1998. Thereafter, the petitioner was posted in several places.

(3.) Learned advocate for the petitioner contended that the petitioner is never served the confirmation letter. He further contended that pursuant to Rule 19 (2)(a) of the Central Civil Services (Pension) Rules, 1972 , the earlier service of the petitioner i.e. 6 years 5 months and 19 days rendered in the Air Force is required to be considered as qualifying service. Rule 19 (2)(a) of the Central Civil Services (Pension) Rules, 1972 , reads as under:-