BISHNUPADA ROY Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) The short question involved in this petition is whether the service rendered by the petitioner on deputation from 30.11.2002 to 30.06.2008 during which period he was on deputation to the District Rural Development Agency (hereinafter referred to "DRDA") should be counted as qualifying service within the meaning of the Central Civil Services Pension Rules, 1972 (hereinafter referred to "Rules").

(2.) Qualifying service has been defined in Rule 3(q) of the Rules in the following terms: -

(3.) The main question is whether the service rendered by the petitioner on deputation to the DRDA should be counted towards his qualifying service or not. It has been urged on behalf of the State by Mr. T. Datta Majumder, learned Government Advocate that for the period when the petitioner was on deputation, he was not an employee of the State and all emoluments have been paid by the DRDA and therefore, the contribution of the pension should have come from the DRDA and since contribution of pension has not come, the principal employer is not liable to pay pension.