AMARENDR NATH SINHA Vs. INDIAN SCHOOL OF MINES

JUDGEMENT

(1.) THE petitioner was appointed as Lecturer in Indian School of Mines, Dhanbad on 12.7.1984 in the Department of Engineering and Mining. In course of service, he was given promotion to the post of Assistant Professor in the year 1995. He rendered about 19 years of service.

(2.) ACCORDING to the petitioner, there was no further promotional avenue available in the respondent -Institute. The petitioner came to know about the vacant post of Professor in Mechanical at Birla Institute of Technology (BIT for short), Mesra. He requested the respondents for Issuing 'no objection certificate, for applying to the post of professor in BIT, Mesra, but it was denied by the respondents by letter dated 7.11.2002. The petitioner thereafter requested the higher authority relating to issuance of 'no objection certificate', but the same was not issued by the respondents and the petitioner resigned from the post. The petitioner claimed that by that time he had completed qualifying service required for the benefits of pension, gratuity, leave encashment etc. according to the regulation of the respondents. The petitioner under the said circumstance submitted his resignation to the respondents. His resignation was finally accepted w.e.f. 23.4.2003. The petitioner then joined his new assignment at BIT, Mesra.

(3.) THE respondents have contested the petitioner's claim. In their counter affidavit, it has been stated that since the petitioner resigned under the provision of Rule 26(1) of the Central Civil Services (Pension) Rules 1972 (hereinafter referred to as the 'CCS (Pension) Rules'), it would entail forfeiture of past service. In view thereof, he is not entitled to get gratuity. So far as the claim of leave encashment is concerned, it has been Submitted that under Rule 39(6)(a)(i) of the Central Civil Services (Leave Rules), 1972, (hereinafter referred to as 'CCS (Leave) Rules') the same is not maintainable. His case is covered under Rule 39(6)(a)(ii) of the said rules, which provides for payment of leave encashment, in case a Government servant resigns or quits service. The claim of the petitioner for leave salary is, thus, allowed in view of the said provision under which his case is applicable and the same has already been sanctioned by order dated 19.8.2003.