UNION OF INDIA Vs. DHANPAT SINGH

JUDGEMENT

(1.) The respondent-applicant preferred Original Application before the Tribunal for directing the petitioner-respondents to treat the training period as qualifying service and in pursuance thereof, pensionary benefits with all consequential benefits may be granted; and the petitioner-respondents may be directed to treat Extra Ordinary Leave (EOL) during 1977-78 for qualifying service for pension with all consequential benefits.

(2.) The respondent-applicant submitted before the Tribunal that in pursuance of his selection as Postal Clerk in the Postal Department, he was sent for 15 days practical training vide letter dt.4.11.1970 and thereafter he was allowed to join as a Learner Clerk at Jalore LSG Post Office on 9.11.1970. Again, he was sent for two and half months training at Postal Training Centre, Baroda and on his successful completion of training, he was ordered to join as Temporary and Officiating Clerk at Jalore LSG SO vide letter dt.8.2.1971. Since he fell sick, he could join duty only on 13.3.1971, though the training was over on 28.2.1971.2 As a result, there was a gap of 12 days between completion of training and assumption of duties. He prayed for the relief of counting the training period as qualifying service and EOL during 1977-78 for qualifying service for pension. The Tribunal has granted the only relief of computation of treating the training period as qualifying service and rejected the relief of EOL during 1977-78 for qualifying service for pension. Aggrieved by the order treating the training period as qualifying service towards pensionary benefits, the Union of India has preferred the writ petition in this court.

(3.) Mr.V.K.Mathur, Assistant Solicitor General, appearing on behalf of the Union of India, has submitted that the training period could not have been counted towards qualifying service for the purpose of pensionary benefits, as there was gap of 12 days after completion of training period and joining as Clerk; the order passed by the Tribunal is not in accordance with law; however, he was unable to dispute that training period has to be counted ordinarily for the purpose of pensionary benefits as provided in Rule 22 of the CCS (Pension) Rules, 1972.