STATE OF ORISSA Vs. M.V. SHARMA

JUDGEMENT

(1.) HEARD Mr. Muduli, learned Addl. Standing Counsel for the State -petitioner.

(2.) THE judgment and order dated 8.6.2005 passed by the learned the O.A.T. Bhubaneswar in Original Application No. 2577/99 constitutes the subject matter of assailment in the instant petition.

(3.) SUBSEQUENT thereto, he represented to the Government to count his past services under the S.C.S. College and the University College of Engineering, Burla, towards qualifying service, but, as the same remained unheeded, he eventually approached the Tribunal in O.A. No. 933/99, which was disposed of on 13.5.1999 requiring the petitioner herein to dispose of his representation within a period of three months. The representation having been rejected and the decision to that effect being communicated to the opp. party by letter No. ELEE Case No. 61/99 -13079/Bhubanewar dated 29.9.1999, he returned to the Tribunal with O.A. No. 2577/99. He contended therein that he was entitled to have his past services of 9 years 10 months 6 days cumulatively with S.C.S. College, Puri and the University College of Engineering, Burla, added to the length of qualifying service for his pension and other retiral benefits. While admitting that he had been sanctioned pension on the basis of his service with the Government from 12.5.1968, the opp. party insisted that there is no provision in law and more particularly in the Orissa Civil Services (Pension) Rules, 1992 (for short, hereinafter referred to as "the Rules") to deny him the benefit of the past services as claimed by him. He averred as well that there being no interruption in his services due to resignation, dismissal or removal, he was indeed entitled to the benefits of his past service in the S.C.S. College, Puri, and University College of Engineering, Burla, on the basis of circular No. 2276 -Pen -32/88 -F dated 20.1.1990 of the State Government to the effect that on the absorption of employees of the autonomous bodies in the Government and/or vice versa their services would count for pension. The opp. party in his application asserted that he had never resigned from service in any of the institutions that he had served and that he had been duly relieved by the S.C.S. College, Puri and Utkal University to join the Govt. Service.