THE SECRETARY DEPARTMENT OF TELECOMMUNICATIONS MINISTRY OF COMMUNICATION & INFORMATION TECHNOLOGY Vs. B. MANOHAR

JUDGEMENT

(1.) THE original application filed by the respondent to sanction him pro - rata pension was allowed by the Central Administrative Tribunal. The said order is challenged in this writ petition by the department of telecommunications. The facts:

(2.) THE respondent joined the service of Madras Telephones on 8 March 1977. While working as Assistant Engineer, he was appointed in the post of Deputy Regional Director in Employees State Insurance Corporation (hereinafter referred to as ESI Corporation). The respondent obtained technical resignation from Madras Telephones. He was relieved on 20 March 1992 so as to enable him to join ESI Corporation, New Delhi. The respondent joined the service of ESI Corporation on 26 March 1992.

(3.) THE respondent made a claim that he is entitled to pro -rata pension from the parent department for the purpose of fixing pension in the migrated department on his permanent absorption in the latter organisation. However, his case was not favourably considered by the first petitioner herein on the ground that records were not available in DoT and in the absence of the same, it is not possible to process the case of the respondent, as it is not known as to whether the case of the officer for absorption in ESI Corporation was considered earlier. This made the respondent to file original application before the Central Administrative Tribunal.