NARINDER KAUR Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) The present civil writ petition has been preferred under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari/mandamus quashing the impugned orders dated 18.3.2014 passed in Original Application No.59/CH/2013 and 13.5.2014 passed in R.A. No.060/59/2014 by the learned Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter called 'the Tribunal). A writ in the nature of mandamus has also been prayed for directing the respondents to grant the petitioner the benefit of her previous service rendered in the State of Punjab towards her qualifying service for pensionary benefits and not to treat her new entrant for the service and to grant her the benefit of old Pension/GPF scheme with all the consequential benefits.

(2.) The petitioner was initially appointed as a Medical Officer and then as PCMS-I on 28.09.1999 in the Government of Punjab, Department of Health and Family Welfare on regular basis. The services of the petitioner were governed under the Punjab Civil Services Rules and her post was pensionable. She was the member of General Provident Fund (GPF) account. The regular deductions were being made from her salary towards the GPF. She also served on deputation with the Government Medical College and Hospital, Sector-32 Chandigarh (for short 'GMCH') from 9.5.2000 to 8.5.2003 as Senior Resident. She applied for the post of Senior Lecturer (Radio Diagnosis) at GMCH Sector-32, Chandigarh through proper channel in response to advertisement issued by the Union Public Service Commission (in short 'the UPSC'). The petitioner was selected and upon her selection, she resigned from her previous department under the Punjab Government on 8.9.2006 and joined at GMCH, Chandigarh on 9.9.2006 under the control and supervision of respondent No.3. She was not allowed the benefit of her previous service towards the qualifying service of pension and she was also not allowed the benefit of GPF scheme. She was put in the New Restructured Defined Contributory Pension Scheme which was meant for the new entrants in Govt. service w.e.f. 1.1.2004. She moved various representations to the answering respondents.

(3.) The present writ petition has been contested by the answering respondents, inter alia, on the grounds that the petitioner has directly applied to the UPSC for the post of Senior Lecturer (Radio Diagnosis) on the basis of advertisement. She did not apply through proper channel. She has also not submitted the technical resignation to take up the new appointment with the respondents, rather she has submitted voluntary resignation. Thus, she forfeits her claim to count her previous service. It was further pleaded that she joined with the answering respondents as Senior Lecturer in the Department of Radio Diagnosis on 9.9.2006 on regular basis. The Government has introduced the New Pension Scheme w.e.f. 1.1.2004. It is further pleaded that the Chandigarh Administration, Finance Department, Chandigarh vide letter dated 3.3.2010 issued the instructions as under: