GOVERNMENT OF INDIA, MINISTRY OF MINES; DIRECTOR GENERAL, GEOLOGICAL SURVEY OF INDIA, GOVT OF INDIA AND THE DIRECTOR, DEPT OF PENSION AND PEN WELFARE Vs. M K IQBAL AND THE REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) Heard Mr. G. Nanmaran, learned Additional Central Government Standing Counsel for the petitioner and Mr. H. Nazirudeen, learned Counsel for the first respondent.

(2.) The question involved in this writ petition relates to the payment of pro rata pension and encashment of Earned Leave for the period during which the present first respondent was working under the Geological Survey of India.

(3.) The first respondent was initially appointed in the Geological Survey of India ('GSI' in short) with effect from 21.7.1976 as against the permanent post on temporary basis and subsequently, he was granted quasi-permanent status on 21.7.1979. Thereafter, on the basis of his application, he was sent to serve under the Oil and Natural Gas Commission ('ONGC' in short) on deputation basis with effect from 16.7.1983. He was declared permanent in GSI with effect from 1.1.1985. Subsequently, he resigned from GSI on 23.1.1986 in order to join ONGC on permanent post, which was also accepted. The claim of the first respondent is that he is entitled to the payment of pro rata pension on the footing that he had completed ten years of service in GSI. Initially such claim was accepted by the department. But subsequently the department passed an order recalling the earlier order. This was challenged before the Tribunal by the first respondent by filing O.A. No. 1004 of 2002. The Tribunal, considering the fact that the first respondent is deemed to have completed ten years of service in GSI, observed that the first respondent (applicant before the Tribunal) was entitled to get pro rata pension. Similarly, the Tribunal also observed that the first respondent was entitled to encashment of Earned Leave available under the previous employer viz., GSI. Such an order of the Tribunal is in question by the Union of India and the Director General of Geological Survey of India.