UNION OF INDIA Vs. JAGVIR SINGH & OTHERS

JUDGEMENT

(1.) This writ petition has been preferred by Union of India aggrieved by the quashment of Annexure A-1 dated 9.8.2006 and Annexure A-14 dated 10.8.2006 and the direction issued to the writ petitioner to count the service rendered by respondent No.1 with the writ petitioner and release the pensionary benefits as and when respondent No.1 retires from service after confirmation of service.

(2.) Respondent No.1 joined as an Assistant in the Department of Telecommunication under the writ petitioner on 1.10.2002. Later on, an advertisement was issued by respondent No.2 herein for filling up the post of Scientist Grade-IV. Respondent No.1 applied for the same through proper channel, but he was informed by the writ petitioners that his application could not be forwarded due to a ban on forwarding such application. He, therefore, applied directly and was selected and offered appointment as a Scientist Grade-IV vide order dated 3.4.2004. He submitted his "technical resignation" which was accepted by the writ petitioner herein on 2.4.2004 vide order Annexure A-5. It was, inter alia, stated therein that the applicant would be entitled to the benefits under Rule 26(2) of CCS Pension Rules, 1972.

(3.) It was contended by the writ petitioner that respondent No.1 was not entitled to get his past service counted as he had not got forwarded his application through proper channel. Admittedly, the application of 1st respondent for appointment as Scientist Grade-IV was not forwarded by the writ petitioner. Therefore, respondent No.1 cannot seek relief to count the past service for pensionary benefits, it is further submitted.