HARSHA VARDHAN Vs. SECRETARY GOVT. OF INDIA MINISTRY

JUDGEMENT

(1.) The petitioner has impugned the Communication dated 25th July, 2016 (Annexure-1 to the petition) issued by the Secretary, Government of India, Ministry of Shipping (IWT Section) whereby it was said that the petitioner did not complete 20 years qualifying service, therefore, his request for voluntary retirement and pensionary benefits were not admissible to him. The petitioner has also impugned the Communication dated 28th April, 2018 issued by the Assistant Secretary (Establishment), Inland Waterways Authority of India (for short "IWAI"), Noida whereby it was communicated that the petitioner would complete 20 years of regular service in June, 2010. Further prayer in the writ petition is that to issue a direction to the respondents to grant pensionary benefits to the petitioner after accepting his application for voluntary retirement, treating date of his initial appointment as 22nd April, 1988 or at-least as 9th May, 1988.

(2.) In anticipation of creation and sanction of posts, including one post of Assistant Public Relations Officer (for short "APRO") by the Government of India, Ministry of Shipping, the petitioner was appointed to the post of APRO on ad hoc basis for a period of one year in the pay-scale of Rs.1200-2040 on 22 nd April, 1988. The said Memorandum was issued by the Assistant Secretary (Personnel), IWAI, Noida. The petitioner was, thereafter, transferred to IWAI, Patna on 3rd May, 1988 and he assumed the charge at his transferred place of posting i.e. Patna on 9th May, 1988.

(3.) The Government of India, Ministry of Shipping with the concurrence of Ministry of Finance (Department of Expenditure) approved creation of 54 posts in IWAI, including one post of APRO in the pay-scale of Rs.1200-2040 after relaxing the existing ban orders. Para-2 of the Office Memorandum dated 27th February, 1991 (Annexure-4) reads as under:-