Harbhajan Singh vs Union Of India Thro.

Heard learned counsel for the parties and carefully perused the pleadings available on record.

By filing this OA, the applicant is seeking the following reliefs:-

"8.1 to allow the OA & quash and set aside impugned orders

(i) No.A-38015/1/13-Admn.IV dated 11.10.2013; (ii) No.4/05/2014-P&PW (D) dated 09.04.2014; (iii) No.A-38015/1/13-Admn.IV dated 08.04.2014 received under RTI Reply vide letter no.A-48018/6/2013-Admn.IV (Pension Cell) dated 21.05.2014 (Annexure A-1 colly.) and consequently direct the respondents to grant and release the pension with arrear in favour of the petitioner with interest @ 18% p.a. compounded yearly from April, 1972 to the date of actual payment and grant any other appropriate relief as per facts and circumstances of the case besides cost and expenses of the present litigation in the interest of justice."

Brief facts of the case are that the applicant, who was ex-Computer Grade II of Planning Commission during the period from 2.5.1961 to 16.4.1972, had resigned from Central Govt. service vide his application dated 10.4.1972, the contents of which reads as under:-

"With reference to my application for the post of operations assistant in the Indian Airlines. I have been selected for the same. I understood that some terms and condition were referred by the Planning Commission to the Indian Airlines regarding my service but they are not agreed to accept those terms and conditions. However, I have decided to join the Indian Airlines as Operations Assistant and I hereby resign my lien on the permanent post of Computer Grade II in the Planning Commission. I, therefore, request that I may please be relieved immediately, but not later than 14.4.1972 as I have been directed by the Indian Airlines to join by 15.4.1972 positively."

(Emphasis added)

Thereafter the applicant has himself stated in a letter dated 17.4.1972 that "I have given my resignation from my permanent post i.e. Computer Grade II in the Planning Commission, Government of India, New Delhi w.e.f. 14-4- 1972 (FN) in order to join the Indian Airlines. New Delhi. I joined there (Indian Airlines) on 17.4.1972 (FN) thereby I have no connection with Planning Commission except for the settlement of my GPF Account."

From the aforesaid two communications of the applicant, it is evidently clear that his resignation application cannot be termed as his technical resignation. Rules are very clear that resignation (other than technical resignation) entails forfeiture of past service and therefore no pension is payable on such resignation. Further Rule 37 of the CCS (Pension) Rules 1972 provides as under:-

"37. Pension on absorption in or under a corporation, company or body (1) A Government servant who has been permitted to be absorbed in a service or post in or under a Corporation or Company wholly or substantially owned or controlled by the Central Government or a State Government or in or under a Body controlled or financed by the Central Government or a State Government, shall be deemed to have retired from service from the date of such absorption and subject to sub-rule (3) he shall be eligible to receive retirement benefits if any, from such date as may be determined, in accordance with the orders of the Central Government applicable to him ].

EXPLANATION. - Date of absorption shall be - (i) in case a Government employee joins a corporation or company or body on immediate absorption basis, the date on which he actually joins that corporation or company or body;

(ii) in case a Government employee initially joins a corporation or company or body on foreign service terms by retaining a lien under the Government, the date from which his unqualified resignation is accepted by the Government.

(2) The provisions of sub-rule (1) shall also apply to Central Government servants who are permitted to be absorbed in joint sector undertakings, wholly under the joint control of Central Government and State Governments/Union Territory Administrations or under the joint control of two or more State Governments/Union Territory Administrations.

(3) Where there is a pension scheme in a body controlled or financed by the Central Government in which a Government servant is absorbed, he shall be entitled to exercise option either to count the service rendered under the Central Government in that body for pension or to receive [ deleted ]4 retirement benefits for the service rendered under the Central Government in accordance with the orders issued by the Central Government."

We have examined the application dated 10.4.1972 given by the applicant of this OA for acceptance of his resignation from the respondents in which he has clearly stated that "I understood that some terms and condition were referred by the Planning Commission to the Indian Airlines regarding my service but they are not agreed to accept those terms and conditions. However, I have decided to join the Indian Airlines as Operations Assistant and I hereby resign my lien on the permanent post of Computer Grade II in the Planning Commission." The above clearly shows that applicant's case does not come within the ambit of acceptance of his resignation as "technical resignation" but his case is a resignation simpliciter because the Indian Airlines (New Employer) did not agree to accept certain terms and conditions, which were referred by the applicant's erstwhile employer, i.e, Planning Commission.

In view of above discussion and for the forgoing reasons, this Tribunal does not find any merit in this case and the same is accordingly dismissed. There shall be no order as to costs.