JOGMAYA SAIKIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. Banik, learned counsel for the petitioner. Also heard Mr. S. P. Choudhury, learned counsel for the respondent Nos. 2, 3 and 4 and Ms. M. Kechii, learned Addl. Advocate General, Nagaland for the respondent No.6.

(2.) The case of the petitioner in brief is that she joined as Assistant Teacher in the Government High School, Kohima, Nagaland on 3/10/1967. While she was serving as such, the petitioner applied through proper channel in response to an Advertisement issued by the erstwhile Regional Engineering College, Silchar (now National Institute of Technology, Silchar). The petitioner was selected by the Regional Engineering College, Silchar and she joined as Lecturer in the Department on Humanities and Social Sciences on 6/4/1984. While she was serving as Lecturer in the Regional Engineering College, Silchar, the petitioner was on lien leave under the State of Nagaland. In the meantime, petitioner applied for voluntary retirement from her service as Assistant Teacher, Government High School, Kohima on completion of 20 (twenty) years service which was granted by the Government of Nagaland. While granting the voluntary retirement, the Government of Nagaland calculated the period of 3(three) years 4(four) months and 25(twenty five) days rendered by the petitioner at Regional Engineering College, Silchar for completing the said period of 20 (twenty) years service to enable her to go on voluntary retirement.

(3.) The Regional Engineering College, Silchar, was converted to the National Institute of Technology on 28/6/2002. After availing voluntary retirement, the Government of Nagaland paid monthly pension to the petitioner which is continuing till today. However, the National Institute of Technology, Silchar deducted the amount of pension received by the petitioner from her monthly salaries till her retirement on 31/12/2004. The petitioner is aggrieved by the communication dtd. 14/11/2014, written by the Assistant Registrar, National Institute of Technology Silchar and addressed to the petitioner, wherein, it is stated that as the petitioner was granted the benefit of voluntary retirement by the Government of Nagaland and subsequently re-employed in REC Silchar, presently NIT Silchar, petitioner is not entitled to get second pension from the Institute in terms of Rule 7(2) of the CCS (Pension) Rules 1972. It is the case of the petitioner that as her pension amount was deducted from her salary by the NIT Silchar till her date of retirement, she is entitled to get pensionary benefits from the NIT. It is the further case of the petitioner that she was not under re- employment in the service of the NIT and therefore, Rule 7(2) of the CCS (Pension) Rules 1972 is not applicable to her and therefore, she is entitled to get pensionary benefits from the NIT, particularly, when her pension amount from the Government of Nagaland was deducted from her monthly salary till her retirement on 31/12/2004.